The Nature of the Offer

Despite the simplicity of the concept of the offer, its nature is rather complex. The offer is one of the components of the intention in establishing the contract. There is a great deal of controversy about the nature of the offer among jurisprudents and lawyers: some believe that the offer is a unilateral disposition that is created by the will of the seller. In his view, the declaration of the will of the offer and acceptance alone constitutes a unilateral legal act, since each of them has certain legal effects, even if they are not combined with the declaration of another will and do not lead to the contract. In contrast, another group believes that the separation of two making contracts should not be construed as meaning that the contract consists of two independent dispositions. Each of these two making contract is a part of the cause and provide the ground for contracting. The constructive force of the offer and acceptance is so constructed that they are bounded to each other, in fact, the effect of the offer is in the case of customer’s acceptance, and the effect of acceptance of the customer is in the case of realization of the offer. Therefore, each of the offer and acceptance is considered as a part of the cause. In our view, in order to explain the nature of the offer, it is necessary to distinguish between two types of offer: offer without obligation and offer with obligation.