Conclusion of contracts in Slovenia

A contract is a legal transaction that arises with the consent of the parties. The Slovenian Obligations Code stipulates that a contract is concluded when the contracting parties agree on its essential components. The definition of the essential components is ambiguous, as it depends on the type of contract being concluded. In the case of a sales contract, for example, the essential components are the price and the subject of this contract, in the case of a lease contract, these are real estate and rent. It should be noted, however, that a contract is also not concluded if there is no agreement between the parties on the non-essential components unless it can be assumed that the parties want to be bound by a partial disagreement. In this cases you need a lawyer for commercial disputes and corporate law like Law office Prus Pipuš from Slovenia.

Regarding the methods of concluding contracts:

There are three ways of concluding a contract: 1. with an offer and acceptance of an offer (most often), 2. with an option, or 3. with a public tender.

The offer is effective from the moment the recipient receives the offer. The bidder can exclude in advance the attachment (informative offer) or it may withdraw it before or at the same time as the offer. Once an offer is valid, however, it cannot be withdrawn. The offer must 1. be addressed to a specific person (addressing an indefinite circle of persons is an invitation to give offer), 2. contain a serious will, 3. contain the essential elements of the contract, and 4. be in an appropriate form if a specific form is required for the contract.

The contract is concluded when the bidder receives the addressee’s acceptance of the offer, which may also be conclusive, for example, the addressee of the offer may express his consent by handing over or sending the specific good (if it is a seller) or paying the price (if it is a buyer). Only exceptionally, when the addressee is in a permanent business relationship with the bidder regarding certain goods, the Code stipulates that he accepted the offer if he did not reject it immediately or within the given deadline (paragraph 3 of Article 30 of the Obligations Code).

Leave a Reply

Your email address will not be published. Required fields are marked *