Pre-contractual phase – why is it important?

Although the rights and obligations arise only with the conclusion of the contract, the legal relationship is formed already in the negotiation phase, where the parties may have certain pre-contractual obligations. These are the so-called pre-contractual information obligations, which enable the parties to make the right decision, identify themselves, and clarify certain contractual rights and obligations. In principle, it is everyone’s responsibility to obtain information, but sometimes that is not so easy, for example, in the relationship between the consumer and the business, which prepares the terms of the contract in advance. In case of breach of pre-contractual obligations, a party is liable for damages (culpa in contrahendo). Do you need more information abou commercial law?

Does the contract have to be objectively fair?

In Slovenia, the so-called Consideration doctrine, according to which contractual promises are valid only if they are written down and given in exchange for something, does not exist. In Slovenia, the subjective equivalence of the contracting parties is sufficient, but there are legal institutions that implement the principle of equivalence, such as the prohibition of usury or the annulment of the contract, where the obligation of one party is clearly disproportionate to the obligation of the other (laesio enormis). The law also stipulates other ways of the reputability of the contract, which can arise from various forms of errors of the will of the parties.


Knowledge of the rules of contract law is extremely important, as contracts can have a significant and long-term impact on our interests and also on our legal position. To avoid complications, it is definitely smart to know the basics of contract law and consult a lawyer before concluding any legal transactions, especially in a foreign country. In this cases you need a lawyer or lawfirm for commercial law and corporate law like Law office Prus Pipuš from Slovenia.

Leave a Reply

Your email address will not be published. Required fields are marked *