专业团队

          【承诺】合同承诺生效的时间

    承诺生效的时间，是合同法中的一个非常重要的问题，因为承诺一旦生效，合同就成立。在这一问题上，英美法和大陆法分歧较大。

    英美法在这一问题上，采取“投邮主义”，即以书信、电报作出承诺，承诺一经投邮，立即生效，合同即告成立。其目的在于缩短要约人撤销要约有时间，因为要约人不受要约的约束，可以在承诺生效前随时撤销，如果在承诺到达要约人才生效，那么要约人在受要约人作出承诺至承诺到达要约人前仍可撤销要约，这样对受要约人是不利的。所以英美法采取“投邮主义”调和双方的利益冲突。

    大陆法采取“到达主义”，即“以非对话方式作出的意思表示，于意思到达于相对人时发生效力”(德国民法典第130条)。到达主义并不要求要约人了解承诺的内容，而只要求只要意思表示到达了要约人收信的范围即可。

    我国合同法规定，承诺通知到过要约人时生效。

[Commitment] The effective date of the contract commitment

The time when a promise takes effect is a very important issue in contract law, because once a promise takes effect, the contract is established. On this issue, there is a significant difference between English, American, and mainland law.

On this issue, the English and American laws adopt a "postal ism" approach, which involves making commitments through letters or telegrams. Once a commitment is mailed, it becomes effective immediately and the contract is established. The purpose is to shorten the time for the offeror to withdraw the offer, as the offeror is not bound by the offer and can withdraw it at any time before the acceptance takes effect. If the acceptance takes effect only after it reaches the offeror, the offeror can still withdraw the offer until the acceptance reaches the offeror, which is detrimental to the offeree. So Britain, America, and France adopt a "postal ism" approach to reconcile their conflicting interests.

The mainland law adopts the "arrival doctrine", which means that "the expression of intention made in a non dialogue manner takes effect when the intention reaches the counterpart" (Article 130 of the German Civil Code). Reachaeism does not require the offeror to understand the content of the acceptance, but only requires that the expression of intention reaches the scope of the offeror's acceptance.

According to the Contract Law of our country, the acceptance notice takes effect when it is received by the offeror.