ABSTRACT
In the civil law systems agreement is evidenced by offer and acceptance.7 In French law this requirement is not to be found in the Code civil as such, but it has been developed by the case law as the means for determining agreement. Other codes are more explicit. Accordingly, the New Dutch Civil Code states simply in Bk 6, Art 217(1) that: ‘A contract is formed by an offer and its acceptance.’ More interesting from a traditional civilian (French model) perspective is the new Quebec Civil Code which states in Art 1386: ‘The exchange of consents is accomplished by the express or tacit manifestation of the will of a person to accept an offer to contract made to him by another person.’ Offer and acceptance for most of the codified systems act as the means by which will and consent are manifested.
