ACCEPTANCE OF THE CONTRACT AS A STAGE OF ITS FORMATION (ANALYSIS OF THE PROBLEMS INVOLVED BASED ON INTERNATIONAL AND EUROPEAN CONTRACT LAW TEXTS)

Abstract

The acceptance of contract shows some problems and, in this study, we analyze how they are solved by some Contract Laws of European countries, by texts of European and International Contract Law (CISC, Unidroit, PECL, DCFR, Pavia) and, finally, by the Proposals of modification of the Civil Code and the Commercial Code in Spain. The objective is to suggest lines that could to serve as guide for a future reform of the Spanish Law in this subject. In order to the form of the acceptance, we hold that the offeror can't impose particular requirements for its efficacy. We think the better regulation of the silence with regard to the acceptance is the classical principle according to which the silence or inactivity does not in itself amount to acceptance. With regard to the substantive conditions, we consider appropriate that the modifications introduce by the offeree in the offert must be considered as a counter-offer and we explain because some texts takes into account the possibility of the acceptance with modifications can be effective. At last, we examine the term of the offer, and the problem of the late acceptance.