Clarification of the Establishment of Bidding Contracts
Article 45 of the Tendering and Bidding Law stipulates that the notice of winning the bid has legal effect on both parties involved in the tendering and bidding relationship.However,because this article does not stipulate when the contract is established,there are a lot of disputes about this issue in theory and practice,and most of the offer and acceptance rules are used in the tendering and bidding contracts.Article 4 of the Interpretation of Several Issues on the General Provisions of Contracts in the Civil Code seems to answer this question,that is,the contract party is established when the notice of award reaches the bidder,but the theoretical basis of this article is still wrong.The Civil Code provides for other forms of contracting,typically competitive contracting.Due to its particularity,the bidding contract should apply the rules of other forms of contract stipulated in the code,and conclude the contract by means of the realization of the intention of the promise without notifying the other party.
The contract is formedAcceptance of offerNotice of winning the bidFulfillment of will
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