Unofficial translaction
known and regularly observed by parties to contracts of the same nature in the line of
businessconcerned.
ARTICLE 240- The commercial sales contract may be in written or verbal form; it shall not be
subject to any condition of form. It shall be proven by allmeans.
TITLE II: FORMATION OF THE CONTRACT
ARTICLE 241– A contract is entered into either by the acceptance of an offer, or by behavior
of the parties which adequately indicates consent.
An offer shall be specific enough when it refers to goods and, expressly or implicitly, fixes the
amount and the price or provides information which permits them to be determined.
A proposal to enter into a contract addressed to one or more specific individualsshall constitute
an offer if it is sufficiently specific and it indicates its author’s will to be bound in case of
acceptance.
A proposal addressed to unspecific individuals is considered only asaninvitationto make an
offer,unless thepersonthatmade the proposaldid not clearly indicate thecontrary.
ARTICLE 242- The offer shall take effect when it reaches the addressee.
The offercanberevokediftherevocationreaches theaddressee before the latter has expressed
hisacceptance.
However, the offer may not be revoked if it states that,before a deadline for acceptance, it is
irrevocable or if the addressee hasreasonable grounds to believe that the offer is irrevocable and
acted accordingly.
The offer shall end when its rejection reached the offeror.
ARTICLE 243- The offer must be accepted within the time limit stipulated by its author or,
failing suchstipulation,within reasonable deadline, inlightofcircumstances, including the
rapidity of the means of communication used by the offeror. Averbal
offermustbeacceptedimmediately unlessthecircumstances indicate otherwise.
Anydeclarationorotherbehavior of therecipientindicating that he accepts the offer shall be deemed to
be an acceptance.Silenceorinactioncannot alone establishacceptance.
ARTICLE 244- The acceptance of an offer shall take effect when the expression of acceptance
reaches the offeror.
OHADA / Uniform Act / Unofficial Translations
P. - 66 - of 78