Vinculações pré-negociais

: cartas de intenção

Abstract

This paper addresses the precontractual linkages. It indicates the form of the parties to commit themselves even before they have entered into a contract. Common sense tells us that only after the conclusion of the agreement is that the parties are linked, ie they have rights and duties. The objective is to understand and analyze the precontractual framework, aiming to realize how the parties can protect from risks that arise during negotiations, such an unjustified disruption thereof with means which are not enshrined in law. At the same time, to find out whether these agreements are binding on the parties or not, and even if they have no effect, not being legal recognition despite some normal Civil Code they are applied. This is a theoretical but analyzed in practical approach because, despite all that has advocated, is to practice these agreements bring us. It addresses more specifically the letters of intent as they are the most used in international trade, thus, for example, the associated agreements to these and are confidentiality agreements, standstill agreements and non-hostile takeover agreement. We intended to learn and get to know that not only agreements say, contracts, required by law, which are available to the parties during the negotiations. There are others with contractual origin, used to protect parts of a negotiation even before there is a link to the final contract.

Date of Award	9 Jan 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Agostinho Guedes (Supervisor)