国际商事合同要约生效时间比较研究

各国确认要约生效时间的不同是世界各国关于要约生效制度差异的主要表现之一。我国合同法论著中通常认为在要约生效时间的规定方面,"大陆法系和英美法系都采用到达主义"。通过比较各国关于要约生效时间方面的法律规定和司法实践,认为作为大陆法系典型代表的法国对要约的生效时间不是采用到达主义,而英美法系国家通常是以受要约人作出承诺的时间作为要约的生效时间,故认为"大陆法系和英美法系都采用到达主义"的观点是错误的。

The Compare about Time When the Offer of International Commercial Contract become Effective

The differences of time when offer become effective is one of the representations of the differences of institution on offer becoming effective of each country. There is a popular view in the works of contract law in our country, about the time when offer become effective in other countries, both the civil law system and the common law system all adopt the principle of receipt. This article compares and analyzes the legislation of other countries, and points out that the view is defective. The reasons of the article issues are that, France, the typical representative country of the civil law system, does not adopt the principle of receipt; and the countries of the common law system take the time when the offeree sends the acceptance as the time when the offer become effective in common.