Modern Jurisprudence and Law

Modern Jurisprudence and Law

Examining the principles governing the pre-contractual period from the perspective of Iranian and French law

Document Type : Original Article

Authors
1 Studying for a PhD in Law at Qom University of Religions and Denominations
2 Assistant Professor, Faculty of Literature and Humanities, University of Religions and Sects, Qom
3 Assistant Professor, Faculty of Literature and Humanities, University of Religions and Sects, Qom,
10.22034/jml.2026.2089091.1649
Abstract
Among the important issues in the field of contract law are the principles governing the pre-contractual period.

In this article, by utilizing the descriptive and analytical method and by inducing the laws, the procedure of the authorities in resolving disputes arising from pre-contractual relations and the views of legal scholars, an attempt was made to collect the principles governing the pre-contractual period.

The findings of this study show that freedom in preliminary negotiations implies that entering into this type of negotiations does not create an obligation for concluding a contract in the future and each party has the option to end the pre-contractual period. Of course, support for this principle is also seen with varying degrees of intensity and weakness in legal systems, so freedom in preliminary negotiations has been accepted as a subsidiary of the rule of will. The evidence for this, which is mainly narrative, is also mentioned below.

Also, there is no explicit provision in Iranian law and regulations regarding the observance of good faith in the pre-contractual negotiations stage, and it is only implicitly mentioned, but judicial practice and legal doctrine emphasize the need to observe this principle, as well as from the perspective of the French legal system, given the recent amendments to French law in 2016 (there are indications that the principle of good faith extends to the pre-contractual period.
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Articles in Press, Accepted Manuscript
Available Online from 17 June 2026