Contractual Obligation Arising from Preliminary Agreement in Construction Dispute
Synthèse Legislator
Généré par l'IAA contractual dispute arose concerning the execution of construction work following a preliminary agreement that outlined the project's scope and general terms, where one party later refused to proceed with the main contract, alleging that the preliminary agreement was insufficient to constitute a definitive sale. The court rejected the appeal, holding that the preliminary agreement, despite its reference to future formalization, contained sufficient mutual consent regarding the essential elements of the sale—the object and the price—to be legally binding as a definitive contract, thereby justifying the remedy for non-performance against the refusing party.
Regeste Legislator
Généré par l'IAContractual Obligation Arising from Preliminary Agreement in Construction Dispute: The court rejected the appeal, holding that the preliminary agreement, despite its reference to future formalization, contained sufficient mutual consent regarding the essential elements of the sale—the object and the price—to be legally binding as a definitive contract, thereby justifying the remedy for non-performance against the refusing party.