"Adl va Ensaf" Comparative Law Researches Quarterly

Comparative Study of Revocation of the offer in the Legal System of Afghanistan, Turkey and the International Convention on the Sale of Goods

Document Type : Original Article

Author

eskishahir,turkey

10.22034/aeclr.2023.334301.1085
Abstract
In all legal systems, in order to form a contract, it is necessary to have at least two reciprocal and proportionate compositional wills. They are called offer and accept. The first expression of will to conclude a contract is called an offer. In case of concluding a contract between absentees, a relatively long period of time passes from the time of offer to reach the addressee, the acceptance of the other party and the conclusion of the contract. In such a case, can the offer be canceled or not? Articles 15 and 16 of the Convention on the International Sale of Goods address the issue of recourse to the requirement as a rule. This means that it can be concluded from Articles 14 and 15 of this Convention that the requirement is, in principle, a legal action. The Turkish legal system also refers to Article 10 of its adopted in 2013 regarding the recourse to the requirement, with a slight difference from the Convention, considers the principle of the recourse of the requirement. Given that Afghanistan has not acceded to the above convention, it has accepted a different theory from the convention and the Turkish legal system in terms of recourse. Article 516 of the Civil Code of Afghanistan considers the requirement to be in principle an irrevocable legal act. This section examines the need for reference in the Afghan and Turkish legal systems in the light of the Convention on International Trade in Goods.

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