The Legal Nature of Pre-Contract Negotiations

Abstract

Objectives:  One of the objectives that prompted us to search for (the legal nature of the negotiations leading to the contract) is to adapt these negotiations so that the legal provisions that apply to them are identified, in addition to knowing the legal nature of the responsibility that arises on the negotiating parties as a result of their breach of the obligations and principles on which the negotiations are based to provide legal protection for the negotiating parties as a result of this breach.   Theoretical Framework: The negotiations leading up to the agreement shall be based on the basic principles of good faith, confidentiality, and freedom of contract. The civil liability of negotiators oscillates between tort and contractual. The mutual obligations between the parties to the negotiation are fixed and unified.   Method: We followed the descriptive approach in explaining the concept of negotiations leading to the contract, as well as understanding the different phenomena and relationships between the parties to the negotiating relationship leading to the agreement, and the comparative approach was used by comparing the research between Iraqi, French and Egyptian law.   Results: The negotiations leading up to the contract are considered a set of preliminary procedures carried out by the negotiating parties that precede the conclusion of the contract in a final manner. Negotiations leading to the agreement are characterized by several characteristics, being a prelude to the contract and voluntary negotiations so that one party does not have authority or restrictions on the other.   Originality/ Value: The present research pertains to the legal character of the talks conducted by the parties involved prior to the finalization of the contract. This pertains to the process of engaging in talks that culminate in the establishment of a consensus about fundamental values such as good faith, confidentiality, and freedom of contract.