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What is an offer? Contract offer

Few people involved in certain transactions know what an offer is. This word has Latin roots. In literal translation, it means "offer." Let us consider in more detail what an offer is. what is an offer

General information

What is an offer? In simple words, this is a deal offer. It contains essential conditions and is addressed to a specific person, an indefinite or specific circle of potential customers. If the recipient accepts the offer (expresses consent), then the parties enter into an appropriate agreement. The direction (publication or release) of the proposal obliges the person from whom it comes to conclude a transaction in the manner prescribed by law.

Offer: Civil Code of the Russian Federation

For clarification, refer to Art. 435, paragraph 1 of the Civil Code. The provisions of the article define what an offer is. It recognizes a proposal that is addressed to several or one specific person, sufficiently expressing the intention of the applicant to consider himself a party to the transaction that will be completed with the participant who accepted it. Offer conditions must be clear and concise. A proposal may be expressed both orally and in writing. In addition, the offer is referred to in Art. 11 Federal Law "On Advertising". The provisions, in particular, indicate the duration of the proposal. So, according to Art. 11 FZ, if the advertisement is recognized as an offer, then it is valid for 2 months from the date of its distribution, unless another period is indicated in it. offer of the Civil Code of the Russian Federation

World practice

In many European countries, an offer contract must contain essential clauses. For example, information on an item and its value is included in a purchase and sale agreement. Under Anglo-American law, an offer contract should be not so much defined as definable. This means that the potential recipient must be able to understand the essence of the proposal, although the points themselves may not be specified. For example, the offer may not indicate a price. The conclusion of the offer in this case involves the establishment of a "reasonable cost".

Features of the entry into force of the agreement

When does the offer begin to operate? Civil Code of the Russian Federation clarifies this point in Art. 440, 441. In accordance with the rules, the agreement is considered to have entered into force from the moment when the person who sent the proposal received an acceptance (consent). Anglo-American law provides for a special rule. In accordance with it, the contract will be considered concluded at the moment when the acceptor has placed the offer in the mailbox, regardless of the time period for the receipt of this letter by the potential client. Differences in the interpretation of the transaction time affect the distribution of the risk of loss of correspondence or untimely receipt of an answer to it. In the offer it is allowed to indicate in advance the procedure in accordance with which the moment of conclusion of the agreement will be determined. This will avoid discrepancies due to existing traditions in different countries. In the absence of special reservations, silence shall not be recognized as acceptance. contract offer

Classification

There are several types of offers. In particular, they distinguish:

  1. Public offer. In this case, the proposal is addressed to an indefinite number of persons. It contains all the essential conditions. Such a proposal discerns the applicant’s will to make a deal with any person who responds to him. A potential client who has responded to the offer and has taken the necessary actions to accept it has the right to demand from the bidder the fulfillment of the obligations established in the contract.Such an opportunity, for example, is obtained by the person who has sent an application for the corresponding products or services.
  2. Free offer. This offer is made to several buyers with the aim of a preliminary study of market conditions.
  3. A solid offer. An offer of this kind is addressed to one potential buyer. In this case, the offer contains information on the period during which the applicant bears the obligation to sell. A transaction will be deemed completed if, within the specified period, the consent (acceptance) of the acquirer is obtained.
  4. Irrevocable offer. Such a proposal provides for the completion of a transaction, according to the circumstances indicated therein, with all who wish to accept it without the possibility of revoking (canceling) the intention previously announced. An irrevocable offer is often used by issuing companies. It is included in proposals for redemption or redemption of securities for shareholders. offer terms

Bonds

Many issuers introduce an offer when working with securities for early redemption at an agreed cost. For long-term bonds, such an offer can become a means by which the issuer and investor are able to regulate the yield. In some cases, payment of coupon bonds may be less than the market price. Through the offer of a security, the issuer is able to regulate its profitability. The offer date is set in advance and is not subject to change. Through the offer, the investor can also regulate credit, and the issuer - interest rate risks. The redemption value of the bond is established by agreement of the parties. It may be lower or higher than the market price of a security. The repurchase procedure is also established by an agreement signed by the issuer and investor. conclusion of the offer

Acceptance

As it is recognized the response of the person to whom the proposal is addressed, on its acceptance. It must be unconditional and complete. Silence does not act as an acceptance, unless otherwise provided by law, business relationships established earlier or customary business practices. If the person who received the offer performs the actions to fulfill the conditions specified therein during the period established for its acceptance, this is considered a response (consent). Other may be provided by law, other regulatory acts or indicated in the proposal itself. For example, the acceptance of an offer includes payment of a fixed amount, shipment of goods, provision of services, and so on.


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