However, this is only a conceptual differentiation. In practice, it is very common to find the term agreement used for the treaty and the document in which it is often reflected, more often than the term contract itself. Thus, the expression of the treaty refers to a formal and binding agreement which, for its validity, imposes the presence of certain elements (offer + approval + consideration), while the agreement would be the prior agreement for the formalization (implementation) of the treaty. The term deed, which dictionaries usually translate as “writing,” has something to do with the terms we just saw, but it has a different structure. Moreover, it is not a question of a bilateral or multilateral agreement such as a treaty, but of materializing itself into a single expression of will. Who these agents represent – perhaps themselves – is normally mentioned in the paragraph below, which may bear the title intervenvien, actúan or actuando. Sometimes this paragraph is not titled at all and belongs to the previous section reunidos or comparecen. El Contract Law anglosajón es una rama del Derecho muy rica y compleja que, además, tiene sus variantes en los diferentes países donde se aplica, como Inglaterra o los Estados Unidos. De una parte et de otra parte, which you will find in the reunidos or comparecen section, present the representatives or agents of the parties, and not the parties themselves, as is the case in the English contract opening clause.
In some cases, you can translate reunidos as “between”. As stated in this article*, you may need to be recast to avoid the potential error mentioned above. If you want to know more about the things that distinguish our contract law from the Anglo-Saxon treaties, we advise you to read this entry: 3 keys to understanding the contract. We already talk about these two concepts in an earlier entry section (here, is there a difference between the contract and the agreement?). It`s more like what we call a one-sided legal business. It is usually used in the sale of real estate, perhaps because its assimilation to writing….
Posted Sep 10th, 2021