We can translate this term as “Full Agreement,” “Full Agreement” or “Integrity of the Agreement.” In the jargon of lawyers, the platform is called the boiler (which could be translated as “model text” or “default”), but it is a household name. You won`t find that name in the contract. This document is grouped under titles such as General, Other Business or otherwise, which we could translate as “Other Business” or “Other Alliances.” This agreement constitutes the whole agreement between the parties with respect to the purpose of this agreement. This agreement replaces all other written or written agreements or policies relating to the purpose of this agreement and constitutes full acceptance by the parties of the purpose of this agreement. This agreement (including all exhibitions and schedules) represents the total agreement of the parties. Of course. Under the principle of contractual freedom, contracting parties can agree on what they want as long as it does not break the law (i.e., as long as it is not contrary to law or public order). We leave you two brief examples and our translation: Professor Carrasco (lessons in civil law. The right to obligations and contracts in general, Ed. Tecnos, p. 150), notes that “this clause does not allow for the choice of means of interpretation of the document, so that the concept of transaction excluded as an object that can be interpreted is an act before those that must be taken into account in the interpretation of the treaty.” . Frequent short phrases: 1-400, 401-800, 801-1200, Plus It is used to grasp that the contract, where it appears, is the only valid one between the parties and contains all the provisions and agreements reached between them about them. In other words, there are no other agreements or previous contracts that could influence or alter what has been agreed in this agreement and which, if any, should not be considered valid.
If you want to learn more about Anglo-Saxon contracts, sign up for the VIP waiting list for our contract law course. We will open in January and the seats will fly. In the event of a conflict or different interpretation of the contract or any of its clauses, a court may obtain documents or statements exchanged by the parties during the negotiation phase in order to settle the dispute. “This contract represents the entire contract of the parties with respect to the purpose of this treaty.” It also reminds us of the good faith role in our contract law: “Finally, the full contractual clause does not prevent it from being included in the measure required by good faith (art. 1.258 ZK) or “deviation from the applicable law.” It should be noted, however, that the parties in the Anglo-Saxon countries (particularly England and Wales) have more freedom to agree and, above all, to limit their responsibility. In our country and in other countries in our legal environment, the effectiveness of these clauses may not be the same. Sometimes these clauses are longer and explicitly state that, in the case of other previous agreements or contracts signed by the parties on the same subject, they become invalidated, because the content of this new contract must prevail over everything they have agreed beforehand. As in this example: We have already talked about these clauses in this blog (here: the “Boilerplate” clauses in the contracts).
That`s why we don`t go too far. We will simply remember that this is a series of frequently used model clauses, which are usually at the end of the contract and are designed to address a number of general or standardized problems.