What is an invitatio ad offerendum?
Just like a declaration of intent, the application under sections 145 et seq. BGB, the application must also express the intention to be legally bound. However, the case of "invitatio ad offerendum" must be distinguished. Literally translated, "invitatio ad offerendum" means "invitation to make an offer". In this case, therefore, it is merely an invitation to make a (binding) offer - in the absence of the intention to be legally bound. Consequently, a contract comes into being when the invited person makes an offer and the other person accepts it. Examples of the case of "invitatio ad offerendum" are offers of goods in supermarkets or in advertising brochures.