Commitment to prior information on contracting in technical assistance contract

Ali Hassan Alwan

Sarah Hassan Alwan

Imam Al-Kazim University (AS) for Islamic Sciences

 College of Law

Abstract :

The commitment to information in the pre-contract phase (negotiations) is one of the most important obligations in international trade contracts in general and the technical assistance contract in particular، because the predominant element of confidentiality of the technology and technical know-how in question leads to a conflict between the interests of the negotiating parties، While the recipient of technical assistance wishes to have access to some of the details of such knowledge for the purpose of ascertaining its truthfulness and suitability to its financial and environmental conditions، the supplier Party shall be careful not to disclose all necessary information and to this conflict of interest Among the negotiating parties is the obligation of information in the pre-contract phase of the technical assistance contract، under which the supplier party is obliged to give the other negotiating party (the recipient) all necessary information in order to conclude the contract in accordance with a free and informed consent that sheds light on an incident Or a component of the contract to be concluded so that the contractor is aware of the matter and to make the decision in a manner consistent with his need and purpose of concluding the contract. In the light of this knowledge imbalance between the negotiating parties، T recipient Party to re-balance cognitive imbalance between the parties.

Keywords : Commitment, prior information, contracting, technical assistance

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