论要约的法律效力

On the Legal Effect of Offer

要约的法律效力不同于要约的拘束力 ,要约的法律效力包括要约的拘束力和要约的赋予效力。要约的拘束力指要约对要约人所产生的约束性义务 ,要约的赋予效力指要约对要约人和受要约人所产生的权利 ,包括要约人的撤销权和受要约人的承诺权。此外 ,还区分了受要约人和承诺人。

For offer in contract law, its legal effect is distinguished from its binding force because the former includes the bestowed force and the binding force as well. According to this passage, the binding force of offer can be defined as the obligations which the offer needs the offeror to carry out, while the bestowed force can be defined the rights which the offer bestows on the offeror and the offeree. This passage, on the basis of the above definitions, furtter distinguishes such concetps as promisor and offeree as well as ceasation to be effective of offer nd expiration of offer.