ПРИПРЕМНИ СПОРАЗУМИ У ОБЛИГАЦИОНОМ ПРАВУ
PRELIMINARY AGREEMENTS IN THE LAW OF CONTRACTS

Summary/Abstract: The conclusion of a contract is the ultimate goal to which the negotiating parties aspire. As opposed to the ultimate contract, preliminary agreements are concluded in the course of negotiations. The ultimate contract defines the final form of the rights and obligations of the contracting parties. Where it concerns preliminary agreements, the assent of the parties does not encompass everything that is necessary for the existence of the contract. Hence, the preliminary agreements imply the fact that the process of negotiating is not finished and that the parties still have to reach further consensus so as to arrive at the desired goal, if they ever do. Among preliminary agreements, we distinguish the three following types: 1. An agreement to negotiate, 2. a partial agreement and 3. an agreement on form (which accompanies the agreement on the substance). One should mention that neither the classification nor the legal terminology is uniform in this field, and that different types of preliminary agreements occur in our law, as well as in other legal systems, and that different terms are used for almost the same types.

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