FR
POINT CARDINAL #23

\ January 2017


Reform of contract law - The formation of the contract (2/5)

Legal regime of the offer: some notable new features or clarifications

Revocation of the offer (articles 1115 and 1116)

The rule is now clear:

  • the offer can be retracted as long as it has not reached its recipient,
  • once it has reached its addressee, it cannot be retracted before the expiry of the period set by its author or, failing that, the end of a reasonable period,

Withdrawal of the offer in violation of this prohibition prevents the conclusion of the contract

  • but such a withdrawal can only give rise to damages (no forced execution, contrary to the regime of the unilateral promise (...)