Pre-contracts and validation of the contracts

On 03 April 2018, the Academy of Justice within the Continuous Training Program, organized training on: “Pre-contracts and validation of the contracts”. 

The purpose of this training was to advance the knowledge of judges regarding the pre-contracts and its validation in the Republic of Kosovo.  

During the training were elaborated topics such as pre-contract, conditions and its effect that were followed by questions raised by participants and answers provided by the training on the subject matter. Afterwards, was dealt the validation of the contracts and recommendations for the future. 

The training focused on issues related to contracts, in particular, pre-contractual obligations and responsibilities, as well as the current problems in the field of implementation of these legal requirements in practice, and a general outline of the provisions of the Law on Obligation Relationships relating to this legal institute.

Further, was outlined that the principle of trust and fairness regarding pre-contractual relations is an old principle in the European legal tradition and applies to all national legal systems of EU member states and is envisaged in several EU directives, making this mandatory principle in member states as the EU standard at the pre-contractual stage and as part of the contract's fulfillment.

The training also emphasized the fact that the Law on Obligations in Article 20 contains a legal basis for the possibility of creating pre-contractual obligations and responsibilities, even if the parties have not yet entered into a contractual relationship.

During the training the participants developed a fruitful and interactive debate about the questions and uncertainties raised by analyzing legal provisions and the ways to properly apply them in practice, they also discussed the method of partial theoretical explanation, cases from local and international judicial practice.

Beneficiaries in this training were judges of the basic courts - general departments - civil divisions, judges from the department for commercial affairs, professional associates and legal officers.