Promise to contract either be binding to one side when a promise of promising, or to issue from both sides when each and every one of the two promising and promised him.
It is known that need be shown promise binding on both sides when there is what prevents the conclusion of the contract, it will be around the final contract in the future.
On this basis, we find that there are commentators who went on to say: that the insurance policy is a promise to contract floating (insurance) and is not a final contract. Because the insured is insured to insure all shipments to the same insured, and the latter is insured to accept these shipments insurance.
The base this view on that floating insurance policy does not include precise insured goods, on the other hand it does not include a commitment from the insurer on insurance on all shipments future unequivocally.
It is worth noting that the Iraqi legislature may address the issue promise to contract in AD 91 of the Civil Code No. 40 of 1951, stipulates that article on "1 - Agreement primary who vows which both contractors or one conclusion of a specific contract in the future to not be true unless identified the core issues for the contract to be concluded and how long they should conclude. 2 - If the law requires the contract to meet a particular form, this form must also be taken into account in the agreement which includes primary and except for the conclusion of this contract."
To that must be fulfilled in the promise contract (agreement primary) the following conditions:
1 - Agreement on all matters of substance.
As it has to be agreement on all matters of substance, because the function promise contract is for the final boot of the contract, and thus does not need it then to agree again to be the final contract.
2 - Duration requirement
The duration of the requirements the basis of a promise to contract, so promising longer be bound by a promise without a fixed term.
And set the duration can be blunt and can be implicitly as if you were drawing the duration of the contract conditions, if combined with the conclusion of the contract promised to hold another fixed term or that the promised contract can not be carried out again if passed a certain period or within a given time.
3 - Formal requirement
Under this condition, that if the law requires a specific form for the completion of the contract has to be taken into consideration as required by the law.
التسميات
Insurance nautical