The legal framework for contractual negotiation and its impact on contractual commitment in the principles of the (UNIDROIT) convention relating to international relating to international trade contracts

Abstract

There is a stage that precedes the contract, which is the contractual negotiation stage. This is due to reasons that may be economic, represented by the practical value of the contract to be concluded, or psychological and social reasons governed by the circumstances of each society individually, or legal reasons due to the difficulty and complexity of contracts, such that it is not sufficient to resort to the supplementary rules that are applied when there is no agreement on the terms that contradict them. The need for a pre- contract negotiation phase is evident in the principles of the (UNIDROIT) Convention on International Trade Contracts, which governs many of these contracts, including mineral exploration contracts, and engineering and electrical construction contracts, taking into account that these contracts are only implemented by specialized giant companies. Thus, the legal effect of the contractual stage is characterized by any communication between two or more parties, by any means, whether oral, written, electronic, or otherwise, with the aim of reaching the best contractual terms and obligations that achieve the interests of both parties.