Comparative analysis of pre-contractual legal rules in jurisprudence and law

Although the conclusion of certain contracts by law is common among individuals, it is possible that individuals, before concluding their contract, enter into preliminary discussions about its conclusion and these discussions lead to an agreement regarding the conclusion of their desired contract in the future. These agreements are called preliminary contracts or promise contracts. Although Article 10 of the Civil Code generally allows the conclusion of private contracts, the law does not devote a discussion to this issue and only Articles 339 and 1035 can be used to understand the existence of such an agreement. What is referred to as preliminary contracts in the statements of lawyers is a bilateral and unilateral promise of a contract. In the first case, both parties to the agreement commit to express an offer in the future regarding the contract they are considering, and in the second case, despite the existence of two parties, only one party expresses an offer related to the main contract and an obligation to maintain it along with setting a deadline for the other party to declare its acceptance. The question that arises is what is the nature of these two agreements and consequently what are their effects and is it a reliable agreement to protect the rights of the parties? Some consider these two promises to be initial conditions and a purely moral promise, and some consider the second type to be something between an offer and a final contract. It seems that if this agreement has the characteristics of a contract and the intention of the parties in concluding this contract is not merely to doubt the conclusion of the main contract and they really want to conclude it, also considering that nowadays contracts are no longer limited to certain cases, they can be considered a valid contract. As a result, if there is a violation in the implementation of this contract, it can be compensated based on contractual liability.