Obligations of the parties to negotiate in international trade contracts | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 6, Issue 4, December 2014, Pages 284-355 | ||
| Author | ||
| Thikra Mohammed Hussein and Estbraq Mohammed Hamza | ||
| Abstract | ||
| The negotiations in international trade contracts an important stage in the conclusion of most of the international commercial contracts, given the nature of the last of complexity, the basic principle and according to the principle the management power and freedom of contract which is freedom to negotiate, there is no obligation to begin negotiations for the conclusion of a contract, as may abandon negotiations or cut at any time, even in an advanced stage of which, as it turned out that the conditions put forward contracting is not suitable, and therefore the parties of international trade contract of in the face of considerations contradictory in the negotiation phase may want one party to the contract of international trade that remains his will free on the issue of follow-up negotiation or not while wants the other party in obtaining sufficient collateral before entering into negotiations for the possibility to continue with a view to conclude the proposed contract, as well as to ensure the protection of one of the parties which is not limited to business information exchanged on the contract to be concluded, an issue involving a higher degree of risk, but extends to other issues related of material and process aspects, means how to protect the negotiating parties from the risk of loss expenses incurred by the parties to peer transmission delegations to negotiate and residence, and a feasibility study in addition to the risk to miss the opportunity to contract with a third party and miss them, especially because in some cases it may be negotiated party with bad faith who is not intended to make of international trade, but aims to another purpose as being known the professional and technical secrets or miss a chance contracting for this party, and in return we find that considerations of justice and the requirements of logic requires safeguards are in place to the other party who wishes to contract with him, these guarantees a range of previous commitments on contracting international trade , including the obligation to negotiate in good faith in the negotiation, commitment to public information, and the obligation of confidentiality | ||
| Keywords | ||
| The contract in the domestic law plays a key role in the exchange and circulation of wealth; and the growing of this role in international contracts; which is a tool for the conduct of international trade; and a means for economic exchanges across the border; where those contracts affect economic sense on the balance of payments and trade balance of the countries as it calls for a shift of values and wealth and services across the border | ||
|
Statistics Article View: 191 PDF Download: 4 |
||