A pre-agreement is a succinct agreement reached by the parties, but may not have all the terms of the contract or has been formally written or executed. For example, interim agreements are agreements, declarations of intent and declarations of intent. When a party violates the provisional agreement and does not enter into the main agreement. B despite such an agreement in the pre-agreement, the other party may demand the conclusion of the main agreement, the actual execution of the contract or the compensation of the costs associated with the negotiations. In the interim agreement, the parties may also agree on a penalty that must be paid by the aggrieved party to the other party. The completion date of the main contract is usually set in the provisional agreement. If this is not the case, the main contract should be concluded within a reasonable time at the request of a party. The duration of the pre-agreement should also be explicitly agreed. If neither party requests the conclusion of the main contract, the interim contract expires on the agreed date. If a deadline is not set, the interim agreement applies for a reasonable period of time. It can be difficult to determine what constitutes a reasonable period of time. The use of the interim agreement can be done informally, i.e. it can even be oral.
Continued negotiations can also be seen as an unspoken obligation to conclude the main contract. Contracting in commercial transactions can be an expensive and complex process, with several phases and actors, as well as considerable investments in know-how and information. In the case of complex purchases, leases, business purchases or leasing transactions, to name but a few types, it is virtually impossible for the parties to enter into a fully agreed and binding contract in a single meeting or over a very short period of time. Negotiations on these transactions are generally sequenticized, with a set of problems at each stage and by many agents with different skills. As part of their negotiations, parties often enter into upstream agreements, often referred to as declarations of intent, agreements in principle, letters of commitment, declarations of intent or appointment sheets. These agreements reflect the agreement reached so far by the parties on some or all of the essential provisions of the underlying transaction, but they contemplate and, to some extent, also govern the remaining negotiations between the parties. Interim agreements should therefore be considered as basic bargaining rules that may include obligations of confidentiality, disclosure and exclusivity. It is significant that these agreements can also create explicit or implied legal obligations in good faith. The invocation of good faith (or similar standard) calls on the court to review the parties` negotiations, especially if they collapse.
The interim agreement may be made mandatory for one or both parties. Reciprocal preliminary agreements are appropriate for situations where the parties have not agreed in full detail, but nevertheless wish to commit to concluding the main contract in the near future. The Court held that agreements that continue to be treated “subject” to a formal contract may fall into one of three categories, namely: the transcript is used for reserves to acquire the property. It is no longer just a private agreement between the buyer and the seller, it has become legally binding on everyone (technically it is “opposable to third parties”) and the seller cannot therefore sell the property to another, grant a mortgage on the property, create a passive easement or grant another harmful right to the property.