Published by Manz, Vienna: 1986. Reproduced with their permission.
Univ. Prof. Dr. Peter Schlechtriem [*]
B. The Offer [see also Formation of the Contract: Basic Principles and Open Questions]
Rejection of an offer terminates it (Article 17; cf. § 146 sentence 1 of the German Civil Code). It is regrettable that no regulation corresponding to ULF Article 11 (death or incapacity of a party after dispatching a communication) was adopted. In my opinion, the question of capacity to contract cannot be removed from domestic law, even though parallels are frequently drawn here between termination by death and contractual incapacity, on the one hand, and revocability on the other. At most, a fundamental rule can be derived from the Uniform Law for International Sales that offers which have become irrevocable, such as after an acceptance has been sent, cannot be affected by the death or contractual incapacity of the offeror.[174a] [page 53]
* The author of this book participated at the Conference as a member of the delegation from the Federal Republic of Germany. The views expressed here are personal to the author and do not necessarily represent the position of the F.R.G. or its delegation.(...)
174a. Accord, Naón § 2.8 at 9.
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