The Possibility or Impossibility of Waiver From offer in Iranian Law and the European Principles of contract law

Rahimi, Sara; Pouresmaeili, Alireza; Dadgostar, Mohammad

doi:10.22080/lps.2025.28988.1735

The Possibility or Impossibility of Waiver From offer in Iranian Law and the European Principles of contract law

Document Type : Original Article

Authors

¹ Master of Private Law, Ishraq Institute of Higher Education, Bojnoord, Iran

² Associate Professor, Department of Law, Faculty of Theology and Islamic Studies, Hakim Sabzevari University, Sabzevar, Iran

³ PhD student in private law, science and research department, Islamic Azad University, Tehran, Iran

10.22080/lps.2025.28988.1735

Abstract

The contract is formulated by two elements of offer and acceptance. But since offer prior to acceptance and determines conditions of contract, the role of offer in concluding contract is stronger than acceptance. If acceptance joins to a valid offer, it makes the offer indispensable. But about possibility of revocation of offer in the period between the offer and acceptance, there are different theories in Iranian law and in European Union whether Internal Rules or uniform rules like European Principles of Contract Law CISG and etc. According to one theory, offer is ever revocable. But because of Technology Development and The complexity of traded goods and increase of international trade, Implementation of the traditional rule cause damages to Contracting parties so that the theory of irrevocable offer was considered. Some try to moderate these two traditional and new theories too and admitted the possibility of revocation of offer rule and made the offer binding for offerer in cases that the offer has a deadline or requirement. Therefore, this writing examines the concept of firm offer and the views regarding the possibility or impossibility of revoking an offer in Iranian law and the the European Principles of Contract Law. . .

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