In civil law, a contract is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations (Article 420.1 of the Civil Code of the Russian Federation). The process of establishing an agreement consists of an offer - a proposal to conclude an agreement and an acceptance - acceptance of such a proposal (Articles 432-433 of the Civil Code of the Russian Federation). It follows from this that the offer is in its form a draft agreement, which will be concluded when the addressee accepts without reservation all the terms of the agreement proposed in the offer (Articles 435 and 438.1 of the Civil Code of the Russian Federation).
Necessary
Civil Code of the Russian Federation, part 1 section 3, part 2
Instructions
Step 1
So, an offer is a draft contract, and already in its preamble, the actions of the addressee must be clearly reflected, the fulfillment of which, according to Article 438.3 of the Civil Code, is an acceptance. Also, the preamble may establish a time limit for the performance of actions equivalent to acceptance (Article 440 of the Civil Code).
Step 2
The simplest case of an offer is a price tag in a store. Formally, the price tag is an expression of a public contract (Article 426), the terms of which are determined by business customs and / or legal norms (Article 421 of the Civil Code). With regard to the store, acceptance is the immediate payment for the goods at the offered price (or 50% prepayment upon receipt of the goods and 50% after 24 hours or moneyback, if so accepted), thus the transaction is completed; its conditions are regulated by the Law on Trade, on the Protection of Consumer Rights and other acts.
Thus, the price tag determines the action necessary for the acceptance of the offer (acceptance means that the terms of the contract are known to the seller and the buyer, and are accepted by them in full, established by law). Another example: Petrov, wanting to buy a dacha from Sidorov, sends him a draft of the sale and purchase agreement - formally a preliminary agreement (Article 429 of the Civil Code) - in which (in addition to the conditions necessary for this type of transaction) specifies the condition: the project is valid for 15 days, during which Sidorov is free to either accept his terms (by sending Petrov, say, a telegram), or submit his amendments to the agreement. Accordingly, the amended agreement is a counter-offer (i.e. Petrov's offer was rejected by Sidorov, but Sidorov, in turn, makes an offer to Petrov on this subject), which Petrov either accepts or rejects within 15 days; upon expiration of this period, the draft agreement shall be declared invalid. Also, the draft may include a condition on the possibility and timing of the withdrawal of the offer (Article 436).
Step 3
A note should be made here. A case with a price tag is a case of a public contract, which an organization submitting an offer (an offer to sell, in this example it is a special case of a public offer) is obliged to conclude with each applicant. The flip side of a public contract is advertising - an offer to an indefinite circle of persons to make offers (that is, offers to buy). Such offers, in which one of the parties to the contract is not a specific person, are usually called "free". Conversely, the second case (with the purchase of a summer residence) is the case of a “firm” offer. For a "firm" offer, as a rule, the rules for drawing up preliminary contracts apply; for "free" - the rules for drawing up public contracts, - according to the nature, form, necessary and special conditions for each type of transactions, determined by the Civil Code of the Russian Federation and individual laws.
