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要约的有效性关系到合同能否成立,这对国际货物贸易实务有着十分重要的意义。一个有效的要约需具备意思表示的真实性、要约内容的有效性和要约效力的约束性,还应注意影响要约有效性的其他要素如要约主体和要约形式。本文从要约的概念入手,结合我国《合同法》和CISG公约及相关国内法的规定,具体分析要约的有效性要件,以期对国际货物贸易中要约的有效性有更深入的理解。
The validity of the offer relates to whether the contract can be established, which is of great significance to the practice of international trade in goods. A valid offer must have the authenticity of the meaning, the validity of the content of the offer and the binding effect of the offer, but also pay attention to other factors that affect the validity of the offer such as the subject of the offer and the form of the offer. This article begins with the concept of the offer, and combines the provisions of the Contract Law, the CISG Convention and the relevant domestic laws to analyze the requirements for the validity of the offer in order to have a deeper understanding of the validity of the offer in the international trade of goods.