Applying the principle of "A Contract is the Law of the Contracting Parties" to Preliminary Contracts (A Comparative Analytical Study)

Abstract

This study examines the applicability of the long-established legal principle "a contract is the law of the contracting parties" to preliminary contracts preceding the final contract. The study's conceptual framework defines and clarifies the concept in legal, jurisprudential, and Islamic law, while also identifying its flawed basis. It highlights clear examples of such contracts, including the promise of preferential treatment, the promise to contract, and the construction contract, in Iraqi law and emerging legal systems (Egyptian, Kuwaiti, French, and German) established for this purpose. The research concludes that these contracts are fully valid, if not inferior, to the final contract.