Paragraph First: Consent (Pre-Contractual Period and Contract Formation)
Article 179
Article 179 - In principle, an offer, express or tacit, does not bind its author in the sense that it can be revoked at will and becomes void upon death or the occurrence of his incapacity. However, it is otherwise when it results from its nature, the circumstances in which the offer was made, or a text of law that the offeree intended to be bound: it must then be maintained for a period fixed by the author, usage, or law, and this despite the death of the offeree or the occurrence of his incapacity. This is particularly the case: 1 - When the offer is explicitly accompanied by a deadline; 2 - In commercial matters; 3 - When made through correspondence; 4 - When it consists of a promise of remuneration.
Article 180
Article 180 - Just as an offer can be express or tacite, acceptance can also be express or tacite. The absence of a response is considered acceptance when the proposal relates to existing business relationships between the parties. The buyer's silence after delivery of goods is deemed acceptance of the clauses inserted in the invoice.
Article 181
Article 181 - In principle, the offeree is free to decline the offer; by refusing to contract, they do not incur liability. However, it is otherwise if they had themselves created a situation likely to prompt offers (trader vis-à-vis the public, hotelier, restaurateur, employer vis-à-vis workers); in such a case, their refusal to contract must be based on legitimate reasons; otherwise, it presents an abusive character and may, for this reason, incur liability.
Article 182
Art. 182 - Acceptance is effective and forms a contract only to the extent that it exactly matches the offer in response to which it is made. A conditional or restrictive reply is equivalent to the refusal of the proposal with presentation of a new offer.
Article 183
Article 183 - Between parties present, consent exists and the contract is concluded at the very moment when, having agreed on the terms of the operation, acceptance has united with offer, unless they have agreed to submit the contract to a specific form chosen by them (article 220*3).
Article 184
Article 184 - When negotiations take place between absent parties through correspondence or messenger, the contract is concluded as soon as and at the location where the offer's recipient has expressed their acceptance.
Article 185
Article 185 - A contract concluded by telephone shall be considered as formed between present persons. The place of the contract's formation is then determined either by the parties' will or by the judge and in accordance with the circumstances of the case.