Discussions Pertaining to the Legal Nature of the Pact of Option
Discussions Pertaining to the Legal Nature of the Pact of Option

Author(s): Diana-Geanina Ionaş
Subject(s): Civil Law, Comparative Law
Published by: Scientia Moralitas Research Institute
Keywords: negotiations; contract; legal nature; compared law;
Summary/Abstract: A contract can be concluded by accepting, without reservation, a certain offer to contract or it can be preceded by negotiations. Within these negotiations, the parties can conclude certain agreements known as preliminary contracts. Among these, we will approach the pact of option, which represents a legal figure new to the Romanian judicial system, but not considered an innovation as it is of Italian inspiration. The regulation of this institution is deficient in the Romanian system of law, generating extensive discussions in doctrine pertaining to its legal nature. Because it influences the legal enforcement means of this institution, this paper presents a study of the evolution and legal nature of the pact of option from a historical and comparative perspective, considering the law, jurisprudence and the Romanian, Italian and French doctrine.

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