THE PRE CONTRACTUAL ABYSS
THE PRE CONTRACTUAL ABYSS

Summary/Abstract: In spite of the conservative spirits, positioned by themselves, in the traditional and classical scheme of how contracts are formed, the realities of the Romanian private law space, show us that often the formation of a convention is progressive from the volitional point of view. The potential of some definitive contractual relations commits the parties, on the basis of the malleability of contractual freedom, to preliminary discussions, often recorded in various types of contractual relationship, which progressively mature their consent, even before the final contract is concluded. The study of the forms of preparatory contracts, punctuated in the pre contractual period, is like a <matrioska>, because it abandons the illusory image of the sudden union between offer and acceptance, by detecting several species of conventions, the variable legal power of which facilitates the physiognomy of the final contract, through the fragmentary legal consistency of the will.

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