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在国际货物买卖中,更准确地说是在订立买卖合同的过程中,再说得狭窄一点,是在要约的阶段,会出现“对价”这个概念。“对价”是英美法系国家所采用的一种使要约人受其要约约束的办法。 一、问题的提出 在国际货物买卖中,要约人对于自己所发出要约,是否受约束?这是要约的拘束力问题。要约的拘束力包括两方面的含义:一方面是指要约对要约人的拘束力;另一方而是指要约对受要约人的拘束力。 一般来说,要约对于受要约人是没有拘束力的。受要约人在收到要约之后,只是在法律上取得了对这个要约是否给予承诺的权利,但并不因此承担了必须承诺的义务。而且在通常情况下,受要约人即使不予承诺,也没有通知要约人的义务。
In the international sale of goods, or more precisely, in the process of concluding a contract for sale and purchase, let us put it a little narrower, that is, the concept of “consideration” appears during the stage of the offer. “Consideration” is a method employed by Anglo-American legal systems that compels offerors to be bound by their offer. First, the question raised In the international sale of goods, the offeror for their own offer, whether or not to be bound? This is the binding issue of the offer. The binding nature of the offer includes two meanings: on the one hand, the offer is binding on the offeror; on the other hand, the offer binds the offeree. In general, the offer is not binding on the offeror. After the offeror receives the offer, he only has legally obtained the right to make a promise on the offer, but does not assume the obligation that must be promised. And, under normal circumstances, the offeree would not be obliged to notify the offeror if he did not promise it.