Officiële Toelichting

This Article takes account of the fact that, apart from the contract itself, the parties, either before or after the conclusion of the contract, often exchange a number of communications of intention which may likewise be affected by invalidity

In a commercial setting, the most important example of unilateral communications of intention that are external, but preparatory, to a contract are bids for investment, works, delivery of goods or provision of services. Communications of intention made after the conclusion of a contract take a variety of forms, such as notices, declarations, demands and requests. In particular, waivers and declarations by which a party assumes an obligation may be affected by a defect of consent.