Câteva considerente privind institutiile juridice ale etapei precontractuale

Preliminary contracts belong to legal institutions which, in the Romanian legal system, have not been, until the publication of the Romanian New Civil Code, legally regulated by a particular law, the Old Civil Code or the Trade Code did not comprise stipulations which specifically regulate their legal nature and the effects that these "legal constructions" produce. The existent legal provisions did not focus on the pre-contractual phase, but especially on the contract that this phase prepares, although, during this pre-contractual phase the partners "commit themselves" and pre-contractual obligations are born. The New Civil Code answers to some practical needs and in the Book V, Title II - Sources of Obligations, Chapter I, concerning the contract, it regulates the pact of option (article 1.278 New Civil Code) and the commitment to contract (article 1.279 New Civil Code). Also, in Title IX - Various special contracts, in Chapter I - Contract of sale, it regulates the pact of option concerning the contract of sale (article 1668 New Civil Code) and the commitment of sale and the commitment to buy (article 1669 New Civil Code). [PUBLICATION ABSTRACT]