The Legal Origin Of The Negotiating Framework Contract - A Comparative Study

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Mohammed Subhi Khalaf, Nihad Mansoor Namoos

Abstract

This study investigated the legal basis of the negotiating framework contract as it is one of the types of framework contracts that did not receive the attention it deserves in terms of civil law jurisprudence, as it is one of the mechanisms developed in organizing the pre-contract stage and linking it to the two stages of concluding and implementing the contract with some obligation, and the researcher concluded that The negotiating framework contract, although it is a kind of framework agreement that dates back to the French judiciary and jurisprudence, but it originates there, rather it was dealt with by the German Law of General Conditions for Commercial Contracts of 1979, which divided framework contracts in terms of subject matter into an approved framework that creates a commitment to future contracting. A negotiating framework arranges a commitment to negotiate. The legal nature of the negotiating framework despite the difference in jurisprudence in it to three directions. A hierarchical formation, the framework agreement is at its top, and implementation contracts are inferior to it, and accordingly they must be concluded according to the direction of framework satisfaction, otherwise it is considered flawed by a framework nonconformity
 

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