Réflexions sur la notion de contrat préparatoire

Abstract : The concept of preparatory contract is considered as itself in this work, more than preparatory contracts separately. The objective was to discover the legitimacy of the concept of preparatory contract.The concept of preparatory contract is a concept born to the doctrine, enriched by practice, neglected by the courts and non-existent under the law. Whereas, the concept exists. His identification is not easy. It is sometimes equated with other existing concepts such as pre-contract, sometimes opposed to those concepts. The determination of the concept of preparatory contract is unclear for very divided doctrine.Define negative and positive identification criteria is a complex task when the preparatory contracts differ so much depending on the conception that we have. Criteria have been cleared, the notion of preparatory contract covers all contracts relating to the preparation of the conclusion of the final contract. Taken like that, the definition seems wide and is used to include a large number of contracts.Only the study of the relevance of the concept of preparatory contract eventually leads to a drastic reduction of what the concept is. The lack of clean common system to the category could be the notion of preparatory contract leads us reduce its relevance to practical and educational purposes, the notion being legally relevant points ; until the next implementation of the reform of contract law which could create a common system of punishment of preparatory own contracts to generate effective criteria of the concept .
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Peter Sarvary-Bene. Réflexions sur la notion de contrat préparatoire. Droit. Université Montpellier, 2015. Français. ⟨NNT : 2015MONTD036⟩. ⟨tel-01346696⟩

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