The concept of pre-contract Sample Clauses

The concept of pre-contract. The 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). For example, a building is not yet listed under the seller’s name in the Land Reg- ister. Through a bilateral pre-contract, the promisor-seller undertakes to register as an owner within three months from the date of the pre-contract (which has a prepa- ratory character for the anticipated contract), and both parties establish that they will conclude the contract of sale in 15 days after the record in the Land Register is made. Therefore, by the pre-contract, the promisor-seller preserves the consent of the promisor-buyer, and conversely, the promisor-buyer preserves that of the promisor- seller for the future. In many cases, based on a pre-contract, an advance or even a full payment is also performed. Xxxxxx, E., Xxxxxx, M., Xxxxxxxxxx, Ł., Xxxxx, X., Xxxxxx, M. (2022) ‘Pre-Contracts’ in Veress, E. (ed.) Contract Law in East Central Europe. Miskolc-Budapest: Central European Academic Publish- ing. pp. 83–107. xxxxx://xxx.xxx/10.54171/2022.ev.cliece_chapter3 Chapter III The pre-contract must contain all those clauses of the anticipated contract in the absence of which the parties could not fulfill the promise. There is a question regard- ing the form of a pre-contract: Does it have to respect the form of the anticipated contract or not? The responses differ from one legal system to another, but the domi- nant approach is a symmetry of form between the pre-contract and the anticipated contract.1 The agreement by which the parties undertake to negotiate to conclude or amend a contract does not constitute a pre-contract because it does not produce an obligation to effectively conclude the contract toward which they are negotiating.2 An offer to contract and a pr...
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Related to The concept of pre-contract

  • COMPLETION OF AGREEMENT The District and the Union agree that this contract is complete. There shall be no additions to or deletions from the content of any Articles and there shall be no Articles added except by mutual agreement by the Board and the Union. In addition, there shall be no further negotiations on any matter that is within or comes within the scope of representation for the duration of the contract except by mutual agreement.

  • Limited Waiver of Sovereign Immunity Ex Contractu Contractor acknowledges and agrees that Owner is an agency or instrumentality of the State of Georgia, and as such is entitled to the protection of sovereign immunity. As set forth in Article I, Section II, Paragraph IX of the 1983 Georgia Constitution, sovereign immunity is waived “as to any action ex contractu for the breach of any written contract.” Contractor specifically acknowledges the constitutional and contractual requirements that written changes, modifications, and waivers to this Contract must be specifically executed by the Owner as set forth in the Contract Documents. Accordingly, Contractor specifically acknowledges the constitutional prohibitions against claims against Owner based solely upon oral statement, course of conduct, customs of the trade, quasi-contract, quantum meruit, or O.C.G.A § 13-4-4 (mutual departure from contract terms).

  • Completion of Negotiations 14.1 This Agreement represents complete collective bargaining and full agreement by the District and the Federation with respect to wages, hours of employment, and all other terms and conditions of employment which shall prevail during the term or terms hereof. This Agreement expresses the entire understanding between the parties and supersedes all previous agreements between them, written or oral. Any matter or subject not herein covered has been satisfactorily adjusted, compromised, or waived by the parties for the life of this Agreement.

  • Priority of agreements and errors discrepancies

  • Exclusion of applications on preliminary points of law Any recourse to any Court for the determination of a preliminary point of law arising in the course of the arbitration proceedings is excluded.

  • PURPOSE OF THE CONTRACT DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations.

  • EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions (each a “Material Breach”):

  • Formation of the contract i. A contract for the Services will be formed between you and us, once you have given us a signed, fully completed, Admissions form, Contract and a £15 booking fee, and we have confirmed to you in writing that your application for a place has been successful.

  • PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS Subject: Proposal for a regulation of the European Parliament and of the Council on a Pan- European Personal Pension Product (PEPP) (COM(2017)0343 – C8-0219/2017 – 2017/0143(COD)) The interinstitutional negotiations on the aforementioned proposal for a regulation have led to a compromise. In accordance with Rule 69f(4) of the Rules of Procedure, the provisional agreement, reproduced below, is submitted as a whole to the Committee on Economic and Monetary Affairs for decision by way of a single vote. AG\1177088EN.docx PE634.848v01-00 EN United in diversity EN REGULATION (EU) 2019/... OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of ... on a pan-European Personal Pension Product (PEPP) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee1, Acting in accordance with the ordinary legislative procedure2,

  • Execution of the Contract 30.1 This Contract and any amendments thereto may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All counterparts will be construed together and will constitute one and the same original agreement.

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