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Civil Law

Explanation of Article 100

Explanation of Article 100

This article addresses the explanation of "acceptance," which is: the expression of the second contracting party's will to conclude the contract, and it is the second pillar of the contract.

The article stipulates two conditions for the validity of acceptance:

  • First: The acceptance must be "identical to the offer," meaning: the acceptance must match the offer in all its terms, without any change or modification. For example, if a person offers another to sell his car for a certain amount, and the other party accepts to buy it for a lesser amount, this is not considered acceptance identical to the offer, and the contract is not concluded.

  • Second: The acceptance must be communicated to the knowledge of the person to whom the offer was made," meaning: the acceptance must reach the knowledge of the other party to whom the offer was directed. It is not sufficient to merely express the will; the other party must be aware of this acceptance. For example, if a person sends another a message announcing his acceptance of the offer to sell his car, the acceptance is not considered valid unless the message reaches the other party and he becomes aware of it.

It is worth noting that this condition applies to all types of expression of will, whether explicit or implicit, written or oral, whether at the contract meeting or by message, or through modern means of communication, and whether directed to a specific person or to the public.

The failure of either of these two conditions results in the invalidity of the acceptance, and it does not produce any legal effect.

As for "withdrawal of acceptance," which is: the annulment of acceptance before it is coupled with the offer, it will be discussed in detail in Article (101).

Related To

Article 100

  1. If a person undertakes to commit a third party to a particular obligation, such party shall not be bound thereby.

  2. If the third party consents to be bound by the undertaking, the consent shall take effect only from the time it is made, unless it appears that the consent was explicitly or implicitly intended to take effect as of the time the undertaking was made.

  3. If the third party refuses to be bound by the undertaking, the obligor shall compensate the obligee if compensation is justified. The obligor may avoid such compensation by performing his undertaking, if possible.