Explanation of Article 35
This article addresses the explanation of the "stages of expressing will," which is: what is issued by the contracting party in terms of words, actions, gestures, writing, or otherwise, indicating their desire to conclude the contract.
The article states that the expression of will goes through several stages, which are:
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First: The stage of "explicit expression," which is: what clearly indicates the will without any ambiguity, such as: words, writing, gestures, actions, and the like.
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Second: The stage of "implicit expression," which is: what indicates the will indirectly, such as: silence in certain cases, or actions that indicate consent, and the like.
It should be noted that the expression of will is not restricted to a specific form, but it may be in any form that indicates the will, unless the system stipulates otherwise, such as requiring writing in certain contracts.
The article emphasizes that the expression of will must be "decisive in indicating the will," meaning: there should be no doubt or hesitation in its indication of the will. For example, if a person says to another: "I am thinking of selling this car," this is not a decisive expression of will.
Failure to meet this condition results in the invalidity of the expression of will, and it does not produce any legal effect.
As for "silence," which is: not expressing will through words or actions, it will be discussed in detail in Article (36).
As for "withdrawal of the offer," which is: the removal of the offer before it is accepted, it will be discussed in detail in Article (37).
Related To
Article 35
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An offeror may withdraw his offer before an acceptance is made, unless such offer is for a specified period.
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If the offer is not for a specified period and the offeror withdraws his offer, the offeror shall notify the offeree of the withdrawal; otherwise, he shall compensate the offeree for any harm he sustains. Such compensation shall not include any loss of expected gain from the contract from which he withdraws.