Article 429: Preliminary contract

1. Under the preliminary contract, the parties undertake to conclude in the future a contract for the transfer of property, the performance of works or the provision of services (main contract) under the terms of the preliminary contract. 2. A preliminary contract shall be in the form prescribed for the basic contract and, if the form of the basic contract is not established, in writing. 3. A preliminary contract must contain conditions enabling the establishment of the subject matter, as well as the terms and conditions of the basic contract in respect of which the claim is made. 4. The preliminary contract shall specify the period by which the parties undertake to conclude the basic contract. 5. If such a period is not specified in the preliminary contract, the basic contract shall be concluded within one year of the conclusion of the preliminary contract. The drafting contract, avoiding the conclusion of a basic contract, applies the provisions of article 445 (4) of the present Code. In the event of disagreement between the parties as to the terms and conditions of the underlying contract, such agreement may be entered into within six months of the date of default. The basic contract in this case shall be deemed to have been concluded from the moment the court ' s decision entered into force or from the time specified in the court ' s decision. Conspicuity provided for in the preliminary contract shall cease if, before the end of the period in which the parties are required to conclude the basic contract, it is not concluded or one of the parties does not the other party to the proposal to conclude the contract.