Explanation of Article 34
This article addresses the explanation of the "validity of the offer," which is: the expression of the first contracting party's intention to conclude the contract, and it is the first pillar of the contract.
The article stipulates two conditions for the validity of the offer:
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First: The offer must be "irrevocable," meaning: the expression of intent must be clear and decisive, without any hesitation or ambiguity. For example, if a person says to another: "I will sell you this car if you agree," this is not an irrevocable offer because it is conditional.
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Second: The offer must be communicated to the knowledge of the person to whom it is directed, meaning: the offer must reach the knowledge of the other party to whom it is directed. It is not enough to merely express the intent; the other party must be aware of this offer. For example, if a person sends a message to another offering to sell his car, the offer is not considered valid unless the message reaches the other party and they are aware of it.
It is worth noting that this condition applies to all types of expressions of intent, whether explicit or implicit, written or verbal, whether in 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 offer, producing no legal effect.
As for "lapse," which is: the expiration of the offer before it is coupled with acceptance, it will be discussed in detail in the following articles.
Related To
Article 34
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The display of goods and services and the indication of their prices shall be deemed an offer, unless proven otherwise.
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An advertisement indicating prices shall not be deemed an offer, unless evidence that it is intended as an offer exists.