Explanation of Article 98

Explanation of Article 98

This article addresses the statement of "withdrawal of the offer," which is: the termination of the offer before it is accepted. The article clarifies that the default rule regarding the offer is that it "can be withdrawn," meaning that the offeror has the right to withdraw their offer before it is accepted, except in cases that the article exempts, which are:

• First: If "the offeror specifies a period for acceptance," meaning that the offeror sets a specific period for responding to their offer. In this case, they are not allowed to withdraw their offer before the end of this period. For example, if a person says to another: "I am selling you this car for a week," they cannot withdraw their offer before the week ends.

• Second: If "the offer includes an indication that it cannot be withdrawn," meaning that there is a provision in the offer indicating that it cannot be withdrawn. For example, if a person says to another: "This offer cannot be withdrawn," they cannot withdraw their offer.

It is worth noting that this rule applies to all types of offers, whether explicit or implicit, written or verbal, whether made in the presence of the contract or through a message, or by modern means of communication, and whether directed to a specific person or to the public.

The withdrawal of the offer results in the termination of the offer, so it does not produce any legal effect.

As for the "lapse of the offer," which is: the termination of the offer before it is accepted, it will be discussed in detail in Article (99).

Related To

Article 98

1. The effects of a contract shall be binding on the contracting parties and the universal successor, without prejudice to the provisions relating to inheritance, unless the contract, nature of the dealing, or legal provisions indicate that such effects are not binding on the universal successor.

2. If a contract creates personal rights and obligations related to a thing that is later transferred to a particular successor, such rights and obligations shall be transferred to such successor along with such thing if they are inherently associated therewith and the particular successor is aware of such rights and obligations at the time of the transfer.