澳洲代写价格-德国法律

29 11月 澳洲代写价格-德国法律

本文主要讲的是德国法律,对于一个普通的合同,根据英国法律,要约是向全世界公开宣布的,当有人接受要约时,协议或合同就形成了。在德国合同法中,要约通常只与一个人有关。德国对正常报价和合同的这一立场在很多情况下是合理的。民事参议院(VII ZR 207/60)民事参议院。对于特定行为的奖励承诺(Auslobung),则不需要指定当事人。因此,虽然正常的德国合同法要求接受要约,但在奖励广告中,要约不受一般规则约束,被视为单方面承诺要约。本篇澳洲代写价格文章由澳洲论文人EducationRen教育网整理,供大家参考阅读。

For a normal contract, under English law an offer is made as a public announcement to the world and an agreement or contract is crated when someone accepts the offer. In the German contract law, an offer is usually associated with a single person only. This German position on a normal offer and contract has been justified in many cases BGHZ 36, 30 VII. Civil Senate (VII ZR 207/60) Idealheim -decision, BGH VIII ZR 395/03 VIII Civil Senate VIII ZR 395/03 and BGH NJW 1965, 387 VIII. Civil Senate. In the case of the promise of reward for a specific act (the Auslobung) then the party need not be specified. So while the normal German contract laws necessitate the acceptance of an offer, the offer in the case of a rewards advertisement an exempt to the general rule and are considered as the unilateral promise offer.
Since the offer requires no acceptance, hence becomes a unilateral promise. The section 657 of BGB in German law clearly states that the reward has to be paid even if the offeree is unaware of such a promise having been made. There are two instances. Firstly, there is the state where an offeree does not show explicit acceptance of a reward offer and is still eligible for the reward if the task associated with the reward is completed (because of the unilateral promise), and secondly, even if the offeree is unaware of a reward then they are still eligible to be rewarded by the offeror because of the unilateral promise (Section 657 of BGB).
This part discussed how German law is differentiated from English law in its nature of handling advertisements for reward. German law pursues a unilateral doctrine which does not require acceptance to be met by an offeree. Where English law considers advertisement for reward as an offer-acceptance contract, German law considers the same as an exception to the offer-acceptance scenario.

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