"ÎNCHEIEREA CONTRACTULUI - Condiţiile de fond

Ca elemente de noutate, NCC reglementează principiul libertăţii de a contracta, precum şi pe cel al bunei-credinţe atât la negocierea şi încheierea contractului, precum şi pe tot timpul executării sale, fără posibilitatea instituirii unor clauze de exonerare sau de limitare a unei asemenea atitudini de loialitate şi obligaţii de bună-credinţă.

Condiţiile esenţiale pentru validitatea contractului

În art. 1.179 sunt enumerate condiţiile esenţiale necesare pentru validitatea unui contract :
1. capacitatea de a contracta;
2. consimţământul părţilor;
3. un obiect determinat şi licit;
4. o cauză licită şi morală.

Consimţământul
Încheierea contractului se face prin negocierea lui de către părţi sau prin acceptarea fără rezerve a unei oferte de a contracta (acordul de voinţă fiind alcătuit din două elemente: oferta şi acceptarea)." ( http://www.csm1909.ro/csm/linkuri/25_10_2011__44689_ro.pdf )

"Concluding the contract

A regrettable feature of modern conveyancing is (or has been) the long delay in conclusion of missives, sometimes until the date of settlement. While occasionally necessary due to protracted negotiations as to the terms of the missives, simply delaying the conclusion of the contract until the last minute is poor practice and it equates to the English system of the contract only being complete when contracts are exchanged, and runs the risk of the English features of gazumping, gazundering and contract chains to enter Scottish conveyancing...
The Law Society issued a Practice Note urging conveyancers in residential transactions to conclude contracts at an early stage, to inform their clients of the requirement to do so, and advising of action that they should take if instructed by their client to delay concluding the bargain pending resolution of some other matter such as selling their own house or waiting confirmation of funding, which may include withdrawing from acting for that client." ( http://uk.practicallaw.com/books/9781847668813/chapter06#CPS... )

"WHAT ARE MISSIVES?
Under Scots Law the term “Missives” refers to a contract for the purchase of heritable property. The term arises since “missives” is an old fashioned reference to a series of letters “a missive” which together form the contract to buy.
What precisely is needed to form a contract for the purchase of land or buildings in Scotland?
The ordinary procedure is that when you submit an offer for a house or a business then this has to be done in writing. The purchasing solicitor you instruct puts together an offer which is submitted to the selling solicitor or selling estate agent. When the offer is received and the seller indicates that the offer is acceptable, then the next step in the process is that the selling solicitor writes back to the purchasing solicitor accepting the offer and usually making a variety of technical changes to the offer.
The last stage in the process is when the purchasing solicitor receives the written acceptance and speaks to the purchaser about it so that he can then write back and tie up the contract unless within the written acceptance there are some details which need further changes.
In most cases, then, a contract will be formed by an offer being made in writing by the purchasing solicitor, a written acceptance being received from the selling solicitor, and a final letter concluding the contract being sent from the purchasing solicitor to the selling solicitor. YOU DO NOT AS A PURCHASER OR SELLER EVER NEED TO SIGN PAPERS TO CREATE A CONTRACT. Your solicitor signs for you." ( http://www.asireland.co.uk/pdfs/what_are_missives.pdf )