Offerta ad incertas personas
The legal institution of the Offerta ad incertas personas ( dt .: "Offer to undefined persons") describes a legally binding offer , which is aimed at an undefined group of people as contractual partners.
Basically means that an effective range requires that it (the main contract points lat . Essentialia negotii ) determined. In addition to the (main) performance obligations , these also include the contracting parties. If the contractual partner has not been determined, there is consequently no offer. In addition, the offerta ad incertas personas is the exception, because it represents an effective offer without determining the contractual partner. The prerequisite, however, is that it is clear that the offer is not intended to be addressed to a specific person and that the applicant therefore leaves it open who accepts the offer.
Typical examples of offers to unspecified people are petrol pumps at the petrol station , eBay auctions, the setting up of vending machines and the provision of transport options by public transport or long-distance transport (because these are obliged to transport according to Section 10 AEG). In some cases, however, it is also argued that this is only an invitatio ad offerendum .
However, such an offer is regularly subject to the condition that the goods are still in stock. Because the offer is only part of the legal transaction, it is not a "real" condition according to § 158 BGB. Instead, the restriction of the contract application is derived from § 145 BGB: if it is even possible to exclude any binding to the application, it must also be possible to only restrict the offer or to make reservations ( argumentum a maiore ad minus ).
From the Offerta ad incertas personas, the invitatio ad offerendum (dt. "Invitation to offer") is to be distinguished, because this invites the submission of an offer. In such an invitation to tender to an unspecified group of the offeror intends due to possible compensation claims no legal intention to be bound .
Individual evidence
- ↑ Brox, Hans / Walker, Wolf-Dietrich: General part of the BGB, 42nd edition, Munich 2018, chap. 8 marginal no. 5.
- ↑ Fritzsche, Jörg: Cases on the BGB General Part, 7th edition, Munich 2019, p. 114.
- ↑ Fritzsche, Jörg: Cases on the BGB general part, 7th edition, Munich 2019, p. 88 with further references.
- ↑ a b Fritzsche, Jörg: Cases on the BGB general part, 7th edition, Munich 2019, p. 89.
