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Contract formation
Matias, Célia F.
2024
Source PublicationTowards a Model Sales Law in the Greater Bay Areag
PublisherEdward Elgar Publishing Ltd.
Pages40-61
Abstract

This chapter discusses several issues in contract formation. First issue to be addressed pertains to what may be deemed an offer and/or an acceptance. In this context, the relevance of concluding behaviours and silence are analysed, as well as the concept of willensbetätigung, which has prompted the question of whether it can still be deemed a form of offer or acceptance. The second issue pertains to the distinction between offer and invitation to treat, with a focus on e-commerce. Finally, the chapter assesses possible modes of contracting other than the offer-and-acceptance model, focusing on the case of blockchain smart contracts, and discusses how this model might impact the idea of contract in the three jurisdictions.

KeywordBlockchain Smart Contracts Contract Formation Invitation To Treat Offer And Acceptance
DOI10.4337/9781035317424.00007
URLView the original
Language英語English
ISBN978-103531742-4;978-103531741-7
Scopus ID2-s2.0-85210859555
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Citation statistics
Document TypeBook chapter
CollectionFaculty of Law
AffiliationUniversity of Macau, Faculty of Law, China
First Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Matias, Célia F.. Contract formation[M]. Towards a Model Sales Law in the Greater Bay Areag:Edward Elgar Publishing Ltd., 2024, 40-61.
APA Matias, Célia F..(2024). Contract formation. Towards a Model Sales Law in the Greater Bay Areag, 40-61.
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