مفهوم الاتفاقات المؤقتة السابقة على التعاقد

Abstract EN

The pre-contractual stage is divided into three periods: the negotiation period, the project period, and the contract board period.

Among the most important agreements of the negotiation period are the principle agreements, framework agreements, partial agreements and interim agreements that are the subject of our study.

The interim agreements are usually carried out during the period of negotiations prior to the contract.

The interim agreements are one of the forms of negotiation, which organizes the negotiations prior to the contract, and these agreements are frequently used when negotiating large contracts, such as technology transfer and construction contracts, because in such contracts, the matter of their conclusion requires a long and demanding stage of negotiations and talks.

They should be organized, in order to give legitimate confidence to the negotiation process to ensure its success.

The interim agreements represent a final goal in themselves even if they have a temporary nature, and they are thus a contractual entity in its own right and if it remains on the margins of the desired contract, it focuses on the goal that both parties seek to achieve temporarily.

The primary function of the interim agreements in the field of negotiations is to secure the negotiations from the risks that threaten the security of the negotiations and impede their conduct.

Accordingly, the parties are keen in such cases to conclude special agreements that create upon them temporary obligations that regulate the relationship between them, with the aim of enhancing the security of the negotiations and find pre-solutions to its problems.

The interim agreements have a great role in forming the satisfaction of the parties of the desired final contract, based on the results reached in the interim agreements as well as in determining the content of the desired contract for the content included in the interim agreements is often the same as the content of the desired contract.

Moreover, it is a preventive means to prevent future causes of conflict between the parties, given that when they make the interim agreements they have tried to reinforce and achieve the necessary measures and precautions by which the causes of this conflict between them in the future can be avoided during their implementation.

As such, the conclusion of the interim agreements is the best guarantee for a final contract without any disputes about it.

As a result of the above, we have decided to study this subject which is ((The interim pre-contractual agreements - a comparative study))