CONVENŢIILE PRECONTRACTUALE
PRE-CONTRACT AGREEMENTS

Summary/Abstract: Before entering into an actual contract, either a nominate or innominate contract, but which is allowed by virtue of legal regulations, the parties have a series of negotiations and discussions. Often, such pre-contract negotiations do not result into anything, but in other cases, they may lead to a written agreement. We are talking about the so-called pre-contracts, a phrase that is frequently used in the non-legal language and, although it does not occur as such in our new civil Code, it is basically correct, because it makes us think, and this is true, about an agreement preceding the final contract considered by the parties, but referring to the latter. At the same time, in practice promissory agreement is also used to define particularly those cases when we refer to a bilateral promise to enter into a contract; in the French private law, in this matter the doctrine mentions the preparatory agreements (contrats preparatoires), which include the consent in principle (the pre-contract negotiation stage), the unilateral promise of entering into a contract, the pre-emption agreement and the synallagmatic promise of entering into a contract. In terms of the type a pre-contract agreement may be in practice, our civil Code expressly regulates two distinct legal institutions, namely the option agreement and the promise to enter into a contract. However, we would hereby like to approach the two types in reverse order, namely, first the promise of entering into a contract and then the option agreement.

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