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要约的拘束力是指要约发出后引起的法律后果,它包括要约的有效期间、要约拘束力的内容和要约拘束力的消灭。我国对于要约的生效时间采到达主义,要约的存续期间原则上由要约人在要约中规定,如无规定,只能以要约的具体情况来确定合理期限。要约对要约入的拘束力因法系的不同而各异,两大法系在这一问题上都在相互借鉴,取长补短。我国规定,要约一旦送达,要约人在要约存续期间内不得随意变更要约的内容或撤销要约。通常认为,要约对受要约人原则上是没有约束力的,但在一些特别的情形中,我国规定了强制缔约制度赋予了要约对于受要约人的拘束力。通过比较法的研究,要约人或受要约人死亡和受要约人丧失行为能力在某些情况下应当列为要约消灭的理由。
The binding force of the offer is the legal consequence that arises after the offer is made. It includes the validity period of the offer, the content of the binding force of the offer and the elimination of the binding force of the offer. In our country, the effective time of the offer is reached. The duration of the offer is, in principle, stipulated by the offeror in the offer. If there is no stipulation, the reasonable period can only be determined by the specific circumstances of the offer. The binding force of the offer varies according to the legal system. The two legal systems are learning from each other and complement each other on this issue. Our country stipulates that once the offer is served, the offeror shall not arbitrarily change the content of the offer or withdraw the offer during the duration of the offer. It is generally assumed that the offer is in principle non-binding on the offeree, but in some special cases, our country provides that the system of mandatory contracting confers on the donor the binding effect on the offeree. Through the study of comparative law, the death of the offeror or the offeree and the ability of the offeree to lose their behavior should, in some cases, be justified by the elimination of the offer.