861
=U3= Sec145 -- Section 145 Binding effect of an offer
--
=S=> BGB 145 Any person who offers to another to enter into a contract is bound by the offer , unless he has excluded being bound by it .
=U3= Sec146 -- Section 146 Expiry of an offer
--
=S=> BGB 146 An offer expires if a refusal is made to the offeror , or if no acceptance is made to this person in good time in accordance with sections 147 to 149.
=U3= Sec147 -- Section 147 Period for acceptance
--
=S=> BGB 147. 1 An offer made to a person who is present may only be accepted immediately . This also applies to an offer made by one person to another using a telephone or another technical facility .
=S=> BGB 147. 2 An offer made to a person who is absent may be accepted only until the time when the offeror may expect to receive the answer under ordinary circumstances .
=U3= Sec148 -- Section 148 Fixing a period for acceptance
--
=S=> BGB 148 If the offeror has determined a period of time for the acceptance of an offer , the acceptance may only take place within this period .
=U3= Sec149 -- Section 149 Late receipt of a declaration of acceptance
--
=S=> BGB 149 If a declaration of acceptance received late by the offeror was sent in such a way that it would have reached him in time if it had been forwarded in the usual way , and if the offeror ought to have recognised this , he must notify the acceptor of the delay after receipt of the declaration without undue delay , unless this has already been done . If he delays the sending of the notification , the acceptance is deemed not to be late .
=U3= Sec150 -- Section 150 Late and altered acceptance
--
=S=> BGB 150. 1 The late acceptance of an offer is considered to be a new offer .
=S=> BGB 150. 2 An acceptance with expansions , restrictions or other alterations is deemed to be a rejection combined with a new offer .
=U3= Sec151 -- Section 151 Acceptance without declaration to the offeror
--
=S=> BGB 151 A contract comes into existence through the acceptance of the offer without the offeror needing to be notified of acceptance , if such a declaration is not to be expected according to customary practice , or if the offeror has waived it . The point of time when the offer expires is determined in accordance with the intention of the offeror , which is to be inferred from the offer or the circumstances .
=U3= Sec152 -- Section 152 Acceptance by notarial recording
--
=S=> BGB 152 If a contract is notarially recorded without both parties being present at the same time , the contract comes into existence , unless otherwise provided , on the recording of acceptance effected in accordance with section 128. The provision of section 151 sentence 2 applies .
=U3= Sec153 -- Section 153 Death or incapacity to contract of the offeror
--
=S=> BGB 153 The coming into existence of the contract is not prevented by the offeror dying or losing capacity to contract before acceptance , unless a different intention of the offeror is to be presumed .
=U3= Sec154 -- Section 154 Overt lack of agreement ; lack of notarial recording
--
=S=> BGB 154. 1 As long as the parties have not yet agreed on all points of a contract on which an agreement was required to be reached according to the declaration even of only one party , the contract is , in case of doubt , not entered into . An agreement on individual points is not legally binding even if they have been recorded .
=S=> BGB 154. 2 If notarial recording of the contract contemplated has been arranged , the contract is , in case of doubt , not entered into until the recording has taken place .
=U3= Sec155 -- Section 155 Hidden lack of agreement
--
=S=> BGB 155 If the parties to a contract which they consider to have been entered into have , in fact , not agreed on a point on which an agreement was required to be reached , whatever is agreed is applicable if it is to be assumed that the contract would have been entered into even without a provision concerning this point .
=U3= Sec156 -- Section 156 Entry into contracts at auctions
--
=S=> BGB 156 At an auction , a contract is not entered into until the fall of the hammer . A bid lapses if a higher bid is made , or if the auction is closed without the fall of the hammer .
=U3= Sec157 -- Section 157 Interpretation of contracts
--
=S=> BGB 157 Contracts are to be interpreted as required by good faith , taking customary practice into consideration .
|
