Explanation of Article 42
This article addresses the statement of "lapse of acceptance," which is: the disappearance of acceptance before it is coupled with the offer. The article stipulates that acceptance lapses in two cases:
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First: if it is "rejected by the person to whom the acceptance was directed," meaning: the other party to whom the acceptance was directed rejects it, and thus cannot subsequently accept the offer. For example, if a person offers to sell his car to another, and the other party accepts, then rejects, he cannot later accept the offer.
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Second: if "the specified period for acceptance expires without acceptance being issued," meaning: the period specified by the offeror for responding to his offer expires without acceptance being issued by the other party. In this case, the acceptance lapses and cannot be accepted thereafter.
It is worth noting that this ruling applies to all types of acceptance, whether explicit or implicit, written or oral, whether at the contract meeting or by message, or by modern means of communication, and whether directed to a specific person or to the public.
The lapse of acceptance results in the disappearance of acceptance, and it does not produce any legal effect.
Related To
Article 42
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If the contracting parties agree on the material matters in the contract and agree to postpone agreement on the non-material matters, such agreement shall be sufficient to deem the acceptance as having met the offer. Disagreement over the non-material matters shall not affect the conclusion of the contract, unless the parties stipulate that conclusion of the contract is conditional upon agreement on such matters.
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If the contracting parties fail to agree on the non-material matters, the court shall decide on such matters in accordance with legal provisions, the nature
of the dealing, and custom.