However, this is only a conceptual differentiation. In practice, it is very common to use the term agreement for the contract and the document in which it is thought, more often, even as the expiry contract itself. Its concepts have been developed over the centuries, mainly through the work of the courts, and cannot simply be categorized into European or continental contract law. In this way, the contract refers to a formal and binding agreement which, for its validity, requires the existence of certain elements (offer – acceptance – consideration), whereas the agreement would be before the formalization (execution) of the contract. The term act, which often mistranslates dictionaries into “writing,” has some relation to the terms we have just seen, but has a different structure. Moreover, it is not a bilateral or multilateral agreement, as for example. B a treaty, but a single manifestation of will. It is more like what we call a unilateral legal transaction. It is generally used in real estate sales, this may be the reason for its assimilation to writing.
The difference between these three concepts is not as simple as it seems. We will not be able to give you a quick and simple explanation for these three. We will also not offer you a three-column benchmarking of functions in this entry. That would be practically impossible. In this article, we wanted to discuss some of the intricacies of contract law that you should know when working with these documents. In the United States, the concept of deed is used to refer to the document that materializes the transfer of real estate, which usually also happens before a notary. This could create confusion with our “writing.” In the United Kingdom, however, it is used more broadly to refer to other types of unilateral operations. Sometimes you also come up with the term act to refer to what seems like a contract. According to Professor Dell`Aquila (The Contract in English Law, 2001), the act would not be a real contract because it does not meet the above requirements. The following sentence sums up this conceptual difference very well, which we have just explained.
Anglo-Saxon contract law is a very rich and complex legal branch that has its variants in the different countries where it is applied, such as England or the United States. If you want to know more about the things that distinguish our contract law from Anglo-Saxon contract law, we advise you to read this entry: 3 keys to understanding contract law. If you want to know everything about this issue, click below. If you work with contracts written in English, you will have seen these three conditions countless times. Do you know what they really mean? Do you know its magnitude and implications? We tell you in this article. It is easy to find that they are used to refer to the contract document. However, we will try to explain to you the meaning and scope of these three terms so that you know how they are used or what they mean if you find them in a document. We have already referred to these two concepts in a previous entry (here: is there a difference between the contract and the contract?). For the validity of the facts, several formalities must be completed. There must be a written statement from the person granting one right to another, and he must explicitly declare that it is an act. In addition, it is necessary to forward the document to the recipient of the undertaking and, in general, to the signature of at least two witnesses at the end of the deed certifying that the signature of the person issuing the document is mandatory.