الإطار القانوني لعقد التفاوض

Abstract

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.