العقود المرحلية في المفاوضات العقدية: دراسة مقارنة
Interim Contracts in Contract Negotiations: A Comparative Study
- الباحث
- سالي الياس خدر
- المشرف
- أكرم محمود حسين البدو
- الجامعة
- جامعة الموصل
- الكلية / القسم
- كلية الحقوق / القانون الخاص
- الشهادة
- ماجستير
- السنة
- 2024
- لغة الرسالة
- عربي
- الكلمات المفتاحية
- العقود المرحلية; المفاوضات العقدية; القانون المدني; تكوين العقد
Abstract
The conclusion of a contract usually passes through three basic stages, beginning with contractual negotiations and ending, if successful, with the conclusion of the final contract. Contractual negotiations are not easy in place, but rather include a group of interim contracts regulating them. Jurisprudence and law have paid great attention to the negotiation stage, and discussions and controversy have arisen about its legal nature. Some thinkers consider it merely a physical act that does not carry any legal effect and does not bind the negotiating parties, as either of them can withdraw from it at any time. While others saw that it has turned into an important stage in which the existence and fate of the contract is determined, and a system has been determined that regulates the negotiations and gives them legitimacy, and that successful contracts are not built on the basis of conflict and discord between the parties, but rather depend on the spirit of negotiation and mutual trust, and the contract must be the result of negotiations. Constructive, respecting everyone's interests and aiming to achieve common goals. Negotiations are a process of real interaction between parties wishing to contract, as they begin with a request directed from one party to the other to enter into negotiations and good endeavors with the aim of concluding a specific contract. During these negotiations, opinions and mutual offers are exchanged and available alternatives are presented with the aim of reaching a joint agreement that includes basic rights and obligations. Each of the contracting parties has what relates to the contract concluded in the future, and expresses the philosophy of cooperation and understanding between individuals and institutions and the existence of a stage of negotiation and dialogue before signing the contract. It reflects the determination to achieve common interests and avoid conflicts in the future, as it is a process of B expression of the freedom and common will of the parties to achieve their goals of During the agreement. Commitment in good faith does not necessarily mean that the negotiators are obligated to actually conclude the final contract, but rather the negotiators still enjoy their full contractual freedom to contract or not, as each party reserves the right to accept or reject according to the terms they deem appropriate for their interest. When drafting a letter of intent, clear and specific words should be used that conclusively express that it is merely an invitation to negotiate and does not carry any legal obligation on the part of its owner. The phrases used in the letter must be flexible and subject to modification and adjustments, and do not constitute a legal obligation that binds the letter’s owner to a contract or legal obligation without His desire, and therefore, the way the letter of intent is drafted is what determines the extent of his commitment or not to its owner.
طلب نسخة من الملف
الملفات غير منشورة على الموقع. اترك بياناتك وسيتواصل معك موظفو قسم الشؤون الثقافية والفنون لإرسال النسخة مجاناً.