Implicative Actions in Agreement Conclusion, Amendment, Termination: The Legal Nature

Abstract

The conclusion of the contract takes place by confirming the offer to enter into contractual relations (offer), containing at least the essential terms of the future contract, by means of full and unconditional accession to such an offer (acceptance). Such accession can be carried out by affixing the signature of the offeror and the acceptor on the same document, exchanging letters, and volitional actions, i.e. the behavior of a person expressing the will of a person to conclude a contract on the terms specified in the offer. Such actions are called conclusive. The article examines the legal nature of the conclusive actions as legal facts corresponding to the will of a person and expressing this will externally, clearly, fully and unconditionally proving the intention of such a person to bind himself to the terms of a future contract. The analysis of current judicial practice is carried out.