Sutarčių sudarymo sąlygos: teoriniai ir praktiniai aspektai

Abstract

Formation of contracts is relevant theme. Contract is the basic means of communication to members of civil circulation. Contract is an agreement, whereby create, change and break legal relations. The author in this work studies the problems of making the contracts in Lithuania and foreign countries. Since there are different doctrines explaining essence of contract law, it should be noted that there are different requirements to hold an agreement enforceable. It is not enough to have only agreement of parties in order to take a contract as negotiated. In some countries, depending on law traditions, to hold an agreement enforceable, consideration is necessary, in other countries- cause of a contract. However all law systems, as essential elements of a contract admits agreement of capable parties and form of contract. In common law one of the elements of contract are offer and acceptance. But in continental law system offer and acceptance are important, when method of formation of contracts are analyzing. The contract is enforceable when parties express their own will to make it. That happens when one of parties makes an offer and other party accepts it. Therefore author is analyzing method of formation of contracts in way of offer and acceptance.