چکیده:
The conclusion of large contracts inevitably requires the allocation of very high costs and obtaining various legal, commercial, etc., consultations from consulting institutions, studies, and evaluation of all aspects of the contract. If an oil-rich country wants to assign an oil exploration project in oil-rich fields to a foreign contractor in the form of a product buyback agreement, the contractor's interest requires them to examine and ensure their commitment regarding the buyback of oil facility products as the price of the transaction. Pre-contractual negotiations refer to the discussions that two or more parties conduct in order to reach a final agreement and conclude the desired contract. In most cases, especially contractual negotiations in international transactions, these negotiations are written. Pre-contractual negotiation is a stage before the decision to conclude, which is actually the stage of assessing the performance of the transaction. Generally, statements made during the pre-contractual negotiation period do not create a binding obligation for the two parties of the contract by themselves; prior to the finalization and conclusion of the contract, the parties can change their minds about what they have said. One thing that must be considered is that all discussions that take place before the conclusion of the contract may not have equal value.
خلاصه ماشینی:
144 New Series, Year 6, Number 15, Spring 2021 Legal Analysis of Multi-stage Negotiations in the Conclusion of Oil and Gas Contracts Enforcement of Pre-contractual Obligations and the Guarantee for its Breach In oil and gas contracts, the progress of negotiations does not fall outside of two states; in the first state, it is completely clear that the parties are still in the preliminary discussion stage and no final agreement has been reached between them, in which case only the rules of the pre-contractual period apply.
146 New Series, Year 6, Number 15, Spring 2021 Legal Analysis of Multi-stage Negotiations in the Conclusion of Oil and Gas Contracts Section Two: Enforcement of Pre-contractual Obligations before Final Agreement 1 Given that prior to reaching a relatively comprehensive, definitive, and final agreement—which is the result of the mutual will of the parties and is considered a constituent element of the contract—no contractual relationship can be imagined between them, it is obvious that the parties cannot be compelled to perform their obligations based on a future contract that has not yet come into existence.
(Katouzian, 1384b: 37 and (157 Regarding the foundations of liability in the pre-contractual period, we will explain more in future sections, but simply put, it can be said that the common enforcement mechanisms in cases of invoking tortious civil liability are: compensation 154 New Series, Year 6, Number 15, Spring 2021 Legal analysis of multi-stage negotiations in the conclusion of oil and gas contracts damage through returning to the former situation 1 and compensation for damage through substitute payment 2, which we will refer to in the following.
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