Colombian Commercial Code - Decree 410 of 1971 - Book IV - Of Contracts and Corporate Obligations - Part I - From Corporate Obligations - Title I - General Obligations - Chapter III - Bid or Proposal - From: Section 845 Al : Art 863
COLOMBIAN COMMERCIAL CODE
CHAPTER III
Bid or proposal
Article 845 .- The offer or proposal, that is, the draft legal act that a person makes to another, must
contain the essential elements of the business and be communicated to
the recipient. It is understood that the proposal has been sent when
using any suitable means to make known the recipient.
Article 846 .- The proposal will be irrevocable. Consequently, once connected, you can not retract the bidder, failing to compensate the damages caused to its revocation to the recipient.
The proposal retains its binding force even if the proposer dies or becomes incapacitated in the mean time between the issuance of the offer and its acceptance unless the nature of the bid or the bidder will be deducted contrary intention.
Article 847 .- Offers of goods, indicating the price, aimed at people not determined, circulars, leaflets or any other similar kind of written propaganda will not be mandatory for him to. Directed at specific individuals, accompanied by a note that does not have the characteristics of a circular will be required if it is not any exception.
Article 848 .- Bids that do merchants in the windows counters and other units of their establishments indicating the price and the goods offered will be mandatory while such goods are displayed to the public. So will the public offering of one or more genera or a body certain way, for a fixed price until the day after the announcement.
Article 849 .- When the time of acceptance they have exhausted the public goods provided, shall be terminated for just cause supply.
Article 850 .- The verbal proposal of a business between these must be accepted or rejected in the act of hearing. The proposal made by telephone shall be treated for the purposes of acceptance or rejection, verbal proposal from there.
Article 851 .- When the proposal is made in writing must be accepted or rejected within six days of the date that has the proposal, if the recipient resides in the same place of the proposer, if you live in a different place, that term will be added that of distance.
Article 852 .- The term of the distance will be calculated by means of communication used by the proponent.
Article 853 .- The parties may set different deadlines for acceptance or rejection of the proposal or contained.
Article 854 .- The tacit acceptance, manifested by an unequivocal implementation of the proposed contract, will produce the same effects as expressly provided that the proponent is aware of this fact within the terms indicated in Article 850 to 853, as appropriate.
Article 855 .- Conditional acceptance will be considered untimely or new proposal.
Article 856 .- The public offering of a service or prize will be mandatory if the conditions laid down therein.
If the term does not point to communicate the conditions required, the obligation of the bidder shall cease one month after the date of the offer, unless the nature of this deduced a different term.
Article 857 .- The tender offer may only be revoked before the expiration of the term thereof, for just cause.
The revocation must be made known to the public in the same way that the offer was made or, failing that, an equivalent.
The revocation will not have effect in relation to the person or persons who have already fulfilled the conditions of the offer.
Article 858 .- If the conditions of the offer are met separately by several people, only entitled to the benefit offered that of the bidder who first receives notice of compliance.
In case of equality in time, the offeror will decide in favor of the person who best fulfilled the conditions of the offer from the provision may, if it is divisible.
If conditions are met by several people together, the benefit is divided between them, whether its purpose is divisible, otherwise, they follow the rules of the Civil Code on obligations indivisible.
Article 859 .- The offeror may not use the works executed by those excluded from the benefit offered. If you do so, shall always compensation.
Article 860 .- In all kinds of bids, public or private, the statement of objections is a contract offer and each posture involves a contract conditional upon no better posture. Made the award to the highest bidder will be disposed of others.
Article 861 .- The promise to hold an obligation to produce business, promised the contract is subject to the rules and formalities of the case.
Article 862 .- The covenant of preference, or that by which one party agrees to prefer the other to conclude a contract later on certain things, for a fixed price or by offering a third party under certain conditions or in the same as the third party proposes should be mandatory. The pact preferably not be stipulated for a term exceeding one year.
If the preference is granted in favor of one who is under contract to execute a particular economic exploitation, the previous period is counted from the expiration of the term of the contract execution.
Any period longer than one year be reduced, in law, the legal maximum.
Article 863 .- The parties shall act in good was blameless in the pre period, failing to compensate the damages caused.
Article 846 .- The proposal will be irrevocable. Consequently, once connected, you can not retract the bidder, failing to compensate the damages caused to its revocation to the recipient.
The proposal retains its binding force even if the proposer dies or becomes incapacitated in the mean time between the issuance of the offer and its acceptance unless the nature of the bid or the bidder will be deducted contrary intention.
Article 847 .- Offers of goods, indicating the price, aimed at people not determined, circulars, leaflets or any other similar kind of written propaganda will not be mandatory for him to. Directed at specific individuals, accompanied by a note that does not have the characteristics of a circular will be required if it is not any exception.
Article 848 .- Bids that do merchants in the windows counters and other units of their establishments indicating the price and the goods offered will be mandatory while such goods are displayed to the public. So will the public offering of one or more genera or a body certain way, for a fixed price until the day after the announcement.
Article 849 .- When the time of acceptance they have exhausted the public goods provided, shall be terminated for just cause supply.
Article 850 .- The verbal proposal of a business between these must be accepted or rejected in the act of hearing. The proposal made by telephone shall be treated for the purposes of acceptance or rejection, verbal proposal from there.
Article 851 .- When the proposal is made in writing must be accepted or rejected within six days of the date that has the proposal, if the recipient resides in the same place of the proposer, if you live in a different place, that term will be added that of distance.
Article 852 .- The term of the distance will be calculated by means of communication used by the proponent.
Article 853 .- The parties may set different deadlines for acceptance or rejection of the proposal or contained.
Article 854 .- The tacit acceptance, manifested by an unequivocal implementation of the proposed contract, will produce the same effects as expressly provided that the proponent is aware of this fact within the terms indicated in Article 850 to 853, as appropriate.
Article 855 .- Conditional acceptance will be considered untimely or new proposal.
Article 856 .- The public offering of a service or prize will be mandatory if the conditions laid down therein.
If the term does not point to communicate the conditions required, the obligation of the bidder shall cease one month after the date of the offer, unless the nature of this deduced a different term.
Article 857 .- The tender offer may only be revoked before the expiration of the term thereof, for just cause.
The revocation must be made known to the public in the same way that the offer was made or, failing that, an equivalent.
The revocation will not have effect in relation to the person or persons who have already fulfilled the conditions of the offer.
Article 858 .- If the conditions of the offer are met separately by several people, only entitled to the benefit offered that of the bidder who first receives notice of compliance.
In case of equality in time, the offeror will decide in favor of the person who best fulfilled the conditions of the offer from the provision may, if it is divisible.
If conditions are met by several people together, the benefit is divided between them, whether its purpose is divisible, otherwise, they follow the rules of the Civil Code on obligations indivisible.
Article 859 .- The offeror may not use the works executed by those excluded from the benefit offered. If you do so, shall always compensation.
Article 860 .- In all kinds of bids, public or private, the statement of objections is a contract offer and each posture involves a contract conditional upon no better posture. Made the award to the highest bidder will be disposed of others.
Article 861 .- The promise to hold an obligation to produce business, promised the contract is subject to the rules and formalities of the case.
Article 862 .- The covenant of preference, or that by which one party agrees to prefer the other to conclude a contract later on certain things, for a fixed price or by offering a third party under certain conditions or in the same as the third party proposes should be mandatory. The pact preferably not be stipulated for a term exceeding one year.
If the preference is granted in favor of one who is under contract to execute a particular economic exploitation, the previous period is counted from the expiration of the term of the contract execution.
Any period longer than one year be reduced, in law, the legal maximum.
Article 863 .- The parties shall act in good was blameless in the pre period, failing to compensate the damages caused.
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