Refusal to contract in the pre-contractual stage

Abstract

The pre-contractual term suggests the idea of a precursory stage of a certain contact that the parties want to conclude. Under the principle of contractual freedom everyone has the opportunity to conclude or refuse to conclude the contract. Refusing to contract may be constituted by a negative fact – the abstention of the offer’s recipient or a positive fact – the offeror’s refusal to proceed at signing the contract. A single condition, but essential, identified by doctrine, to recognize the existence of the right to refuse the conclusion of contract is the absence of a contrary right that would belong to another person. This could have as origin: a unilateral commitment, – offer to contract; a contractual commitment – the promise of contract and preferably pact; a legal provision – litigious retract and pre-emptive right; a judicial decision – validation of recording of the real offer.