the purpose of this paper is to examine the critera of "offer" to compare them with those of "invitation to offer", and to make the differences clear. the three requirements of "offer" are as follow: - it should be addressed to one or more specific persons. - it should be sufficiently definite. - it should indicate the intention to be bound in case of acceptance. among them, sufficient definiteness may be dbtained if the propasal indicates the goods and expressly or implicitly has the provisions for determining the quantity and the price. in the case of the price, CISG art, 55 provides that a contract my be concluded without express or implied provision for determining the price, which seems to be in consistent with art. 14(1). but art. 55 can be applied when a valid contrast is made under the applicable domestic law, even if the contrast does not expressly or implicitly fix or make provision for determining the price. public offers which are sent to unspecific persons are usually defined as "invitation to make offers". but they may be "offers" if the contrary is clearly indicated by the person making the proposal. today in interest circumstances the differences between them may be very obscure ; if the seller wants to make an offer through an automated information system using computer, he should indicate his intention to be bound in case of acceptance in order to prevent the confusion. thus, if the seller or the buyer wants to make a firm offer, he may use words such as "firm", or "irrevocable" or he may fix the validity on the offer.
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