Explanation of Article 96
This article addresses the statement of the "stages of expressing intent," which is: what is issued by the contracting party in the form of words, actions, gestures, writing, or otherwise, indicating their desire to conclude the contract.
The article stipulates that the expression of intent goes through several stages, which are:
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First: The stage of "explicit expression," which is: what clearly indicates intent 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 intent indirectly, such as: silence in certain situations, or actions that indicate consent, and the like.
It should be noted that the expression of intent is not restricted to a specific form, but may be in any form that indicates intent, unless the system specifies otherwise, such as requiring writing in certain contracts.
The article emphasizes that the expression of intent must be "decisive in indicating intent," meaning: there should be no doubt or hesitation in its indication of intent, for example: if a person says to another, "I am thinking of selling this car," this is not a decisive expression of intent.
Failure to meet this condition results in the invalidity of the expression of intent, and it does not produce any legal effect.
As for "silence," which is: not expressing intent through words or actions, it will be discussed in detail in Article (97).
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 (98).
Related To
Article 96
If a contract is concluded by way of adhesion and it contains arbitrary conditions, the court may amend such conditions or exempt the adhering party therefrom, as required by equity. Any agreement to the contrary shall be deemed null and void.