The legal framework of the pre-contractual phase: A comparative study between Iraqi, Iranian, Egyptian, and Imami jurisprudence

Abstract

This research aims to study the forms of pre-contractual agreements, which vary depending on the parties' objectives. If the goal is to enhance the security of negotiations, a confidentiality agreement, also known as a preliminary agreement, is used. If the intention is to establish a series of contracts of a similar nature, a framework agreement is chosen, outlining the main terms to be finalized later. For more complex issues, such as a contract with multiple points, a preliminary agreement is used. These pre-contractual agreements are entered into by the parties during negotiations and before reaching a final contract.

Furthermore, the research addresses key legal principles in the pre-contractual stage, namely the principle of freedom of contract and the principle of good faith.