要约邀请的法律效力_英语论文.doc

Abstract:An invitation to offer, as an intention, is with legal significant. The content of an invitation to offer can be brought into the following contract and became the terms of the contract. According to Article 15 of the Contract Law of the People’s Republic of China, an invitation to offer means an intention that wants others to make offers. There are differences between the content and the purpose of an invitation to offer and an offer. Meanwhile, there are promiscuous points of their effectiveness or some other aspects. Furthermore, the content of an invitation to offer can be brought into a contract and constituted the right and the obligation of a contract. An invitation to offer is with binding effect and the misstatement of an invitation to offer and the infringement of an invitation to offer can constitute the contracting responsibility. In English Contract Law and American Contract Law, the differences between an invitation to offer and an offer are existed as well as that of China. The content of an invitation to offer can also be brought into a contract and endued with legal significant in the case of English and American Contract Law. The misstatement of an invitation to offer and the infringement of an invitation to offer can also be constituted the contracting responsibility. In brief, an invitation to offer is with legal effect and legal significant.

Key words: invitation to offer; offer; legal effect

中文摘要:要约邀请作为意思表示，可以具有法律效力。要约邀请提出的内容可以进入合同，成为合同的条款。根据我国《合同法》第15条的规定，它是指希望他人向自己发出要约的意思表示。要约邀请与要约在内容和目的上有区别，两者也有容易混淆的方面。同时，要约邀请的内容可以进入合同，构成合同的权利和义务。要约邀请也有一定的约束力。要约邀请中的误述以及对要约邀请的违反可以构成缔约责任。在英美合同法中，同样存在要约邀请与要约的区别。英美法中，要约邀请的内容同样可以进入合同，被赋予法律意义，要约邀请中的误述以及对要约邀请的违反也可以构成缔约责任。总而言之，要约邀请具有法律效力和法律意义。

关键词：要约邀请; 要约; 法律意义