论几种特殊合同中的要约与承诺

Offers and acceptances in particular contracts

文章指出,在招投标形式订立合同的过程中,招标属于合同上的要约邀请,投标为要约,定标是承诺,但招标属于必须经过的阶段,投标的撤回随意性比较大,定标采取投邮生效主义。在拍卖订立合同的过程中,各行为的性质视增价拍卖和减价拍卖而有所不同。增价拍卖也会因为有底价拍卖和无底价拍卖的区别而导致行为性质的差异。招股说明书的要式特征,使其虽然不满足要约的条件,但法定成为了要约,而且不可撤回和撤销。

In the contract-making process of bidding and inviting public bidding, the inviting means an invitation to make offers, the bidding means to make offers, while arriving at a decision means making a certain commitment. The inviting phase is unavoidably to be carried out, the bidding which can be withdrawable turns to have more flexibility, and as to the phase of making decision, it takes effect only when being posted. In the contract-making process of auction, each phase goes diversely according to different types of auction （price-increasing or price-decreasing）. Even in the price-increasing auction, its procedure varies accordingly if it has a reserve price. The particularities of prospectus make it an irrevocable offer although it may not meet the requirements.