论“不受拘束”意思表示的效力

On the Effect of the Declaration of Intention with a Non-obligatory Clause

对附有"不受拘束"条款的意思表示,应根据具体情况确定其性质,一般情况下应确定为要约邀请,有些情况下宜确定为保留撤销权的要约,有些情况下可认定为已成立合同所附条件。

In regard to declaration of intention with a non - obligatory clause, one should determine its nature according to the concrete situation of the case. Generally speaking, it can be regarded as an invitation of offer. Under certain circumstances, it may he regarded as an offer with the right to revoke. And under some other circumstances, it may be identified as a condition attached to a concluded contract.