The concept and features of a public offer
The civil code stipulates that a public offer is an offer of goods and services, which contains absolutely all the essential terms. The offer must constitute the will of the person making the offer, to sign an agreement for named conditions. The agreement may be concluded with any person who responded to the offer.
Thus, a public offer is based on three main principles. First: everyone needs to understand that the person making the proposal clearly intends to conclude a contract. In addition, the offer included all the essential terms of such contract. The third point: the agreement and asked to sign to the person who fully agree with its terms and without reservations.
Public offer: examples
A public offer may be considered advertising of goods or services in the media and other informative sources. In this case the appeal is made to an uncertain circle of persons. thus, in agreement with the range you want to include all the main characteristics of goods and services, and clearly Express the will of the person who offers them. According to the Federal law of the Russian Federation on advertising, this offer is valid for two months from the date of start of advertising campaigns. However, the suggestion is to include another term.
Rules of registration of the contract
People may accept, i.e., to accept the contract for the provision of services. In this case we are talking about acceptance - a positive response of a person on public offer, the certificate of acceptance.
If the person does not Express any desire (in other words, silent), this cannot be considered as an acceptance. With the exception of the cases stipulated by the law and customs of business turnover. In particular, note may be taken that the parties had previously entered into a business relationship. As the acceptance can also be considered a committed person who received the offer of such actions, which are aimed at the performance included in the contract conditions. For example, a party may unload the goods, to perform any work, pay any amount of money, etc.
If a party has committed acts that could be interpreted as acceptance of the public offer agreement can be considered concluded. Legally valid transaction is payment or fulfilment of other terms of the offer. As for seals and signatures, they can be placed in the document at the request of the parties.
