论要约邀请的效力及容纳规则

Effect of Invitation to Offer and Admission Rule

要约邀请作为意思表示 ,可以具有法律效力。要约邀请提出的内容可以进入合同 ,成为合同的条款。此观点为创新观点 ,是对法学上发现的总结 ,为要约邀请的研究提供了新的支点和基础 ;为指导实践提供了法理依据 ;制定民法典时应明确容纳规则。

As a declaration of will, invitation to offer can possess legal effect. The content of invitation to offer can come into a contract, and becomes an item of a contract. This idea is a newly created one and a conclusion of the findings with respect to jurisprudence, which has provided a new fulcrum and basis for studying invitation to offer, and provided jurisprudence merit for guiding practice. Suggestions about the design of some items in the Civil Code have been raised in the article.