Chapter IIIDecember 13th, 2022
FiledDecember 13th, 2022The pre-contract (pactum de contrahendo) is the agreement (also called a provisional or preliminary contract) by which the parties undertake to conclude a contract in the future. In many cases in which the parties intend to conclude a contract, the legal or economic conditions necessary for that agreement have not been met at a particular time. Nevertheless, they want to create a legal relationship even in this situation, to which end one or all of the parties produce a legally binding agreement between themselves according to which they will conclude the anticipated contract in the future. Pre-contracts can be unilateral (only one party undertakes to conclude the anticipated contract, the other party having an option to do so) or bilateral (both parties undertake to conclude the anticipated contract).