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2024 Law Annals Titu Maiorescu U. 151 (2024)
The Pre-Contractual Abyss

handle is hein.journals/latitu2024 and id is 152 raw text is: THE PRE-CONTRACTUAL ABYSS Ratiu Flavia Simona PETRIDEAN* 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 ofview. 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 ofthe forms ofpreparatory 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 ofwhich facilitates the physiognomy of the final contract, through the fragmentary legal consistency of the will. KEYWORDS: pre-contractual period; preparatory contracts; agreements ofpartial wills; General considerations The geometry of the Romanian private law space shows us a different reality in terms of the progressive formation of the contract. Despite the fact that there is no general legislative framework in the economy of the New Civil Code, it has been shown that the pre-contractual legal picture does not only consist of the agreement of wills, which, even if it is the defining element of any agreement, exceeds the scope of the two-step mechanism - offer and acceptance- by reviewing a more complex techni- que, preceded by negotiations. Often, the time needed to coordinate the conduct of negotiations is lengthy and is marked by various preparatory acts of varying legal force. In this connection, an initial opinion' con- * Ph.D. Student, Titu Maiorescu University, Law Doctoral School, Bucharest, Romania. Ph.D. student Bucharest University, Doctoral School of Political Sciences. 1 Viorel Terzea, Raspunderea civila contractuala, Solomon Publishing House, Bucharest, 2021, p. 173. 151

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