The ‘dying’ offer Rule in European Contract Law

European Review of Contract Law (ERCL), Vol. 7, No. 4, pp. 463-489, November 2011

Max Planck Private Law Research Paper No. 12/11

28 Pages Posted: 8 Jun 2012 Last revised: 31 Jan 2013

Date Written: September 1, 2011

Abstract

Does the offeror’s or the offeree’s death terminate a contractual offer? While the PECL and the DCFR remain silent on the issue, recent reform proposals of the law of obligations presented in France, Spain and the Czech Republic suggest diverging solutions. By analysing the historical foundations and the functioning of the existing rules in selected European legal systems, this Article aims to detect the common core of the differing national rules and finally suggests a formulation for a future European contract law.

This publication is with permission of the rights owner freely accessible due to an Alliance license and a national license (funded by the DFG, German Research Foundation) respectively.

Keywords: Formation of contract, offer, death, incapacitation, offeror, offeree, European Contract Law

Suggested Citation

Christandl, Gregor, The ‘dying’ offer Rule in European Contract Law (September 1, 2011). European Review of Contract Law (ERCL), Vol. 7, No. 4, pp. 463-489, November 2011; Max Planck Private Law Research Paper No. 12/11. Available at SSRN: https://ssrn.com/abstract=2079558

Gregor Christandl (Contact Author)

University of Innsbruck ( email )

Innsbruck
Austria

Register to save articles to
your library

Register

Paper statistics

Downloads
183
Abstract Views
845
rank
167,709
PlumX Metrics