Résumé:
In the field of international commercial transactions, the practical fact has been a
new kind of contracts and agreements which have never existed before under the general
theory of the contract and are not included in the appointments of contracts Adopted by the
legislature through the definition and declaration.
The contract of negotiation is one of the conventions and contracts, which plays an
important and serious role in organizing the procedural path of the negotiation operation on
the international commercial contract, from the moment of the opening of Negotiations to
completion, such contracts are frequently used in the negotiation of transactions and
compound commercial contracts, which focus on the transfer of capital, goods, goods and
services with large sums of money , Such as technology transfer contracts, processing
factories , construction contracts and exploration of wealth and others, so that in this kind
of contracts and their conclusion, it is necessary to follow A long and arduous stage of
negotiation , which must be organized in order to give legitimate expectations to the
negotiating process to ensure its success.
The contract of negotiation is a genuine contract in which all conditions of the
contract are met, such as consent, reason and capacity, so this negotiating contract
organizes real commitments such as the commitment to negotiate and persevere in In good
faith, however, there are other commitments that distinguish these commitments, such as
the commitment of information and the obligation to maintain the confidentiality of
information, as well as the prohibition of parallel negotiations , Where the nature and value
of the transaction require the existence of such an undertaking.
The breach of its obligations under the negotiation of the contract undoubtedly
leads to the submission of organized liability to the rules of contractual liability, taking as
justification the presence of a negotiating contract, whether express or implied.
The basic function of the negotiating contract in negotiations on international
commercial contracts is to provide the framework for negotiations against the risks and
obstacles that may be encountered, in particular including the risk of interrupting
negotiations without Reference to any serious or objective reason
Despite the disparity in the opinions of the case-law and judicial decisions, on the
issues raised by the negotiating contract, the current general tendency is towards the need
to give the negotiation phase in general and the negotiating contract In particular, the
importance they deserve because of the role they play in the organization of the negotiation
process in order to ensure the success of the negotiations and to avoid the problems and
obstacles encountered in the negotiations. Execution of the expected conclusion of the final
contract.
