However, we will try to explain to you the meaning and scope of these three terms, so that you know how to use them or what they mean if you find them in a document. If you work with contracts in English, you will have seen these three endless notions. You know what they mean? Do you know how big and what their impact is? This is what we tell you in this article. 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. These words are usually used with agreement. Click on a placement to see more examples. In this article, we wanted to address some of the intricacies of the legal treaty that you need to be aware of when working with these documents. It`s more like what we call a one-sided legal business. It is usually used in the sale of real estate, perhaps for this reason, because its assimilation to writing. 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.
The Anglo-Saxon Treaty is a very rich and complex branch of law, which also has its variants in the different countries where it is applied, such as England or the United States. Sometimes you will also take the term deed to refer to what looks like a contract. According to Professor Dell`Aquila (The Contract of English Law, 2001), the Deed is not a real contract, because it does not meet the above conditions. The difference between these three concepts is not as simple as it seems. We can`t give you a quick and simple explanation for these three. Nor do we offer you in this entry a comparative classification of characteristics with three columns. That would be virtually impossible. 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. For the deed to be valid, several formalities must be completed. There must be a written statement from the person granting a right to another and it must be expressly stated that it is a deed. In addition, it is necessary to deliver the document to the addressee of the promise and, as a rule, the signature of at least two witnesses at the end of the deed who confirm that the signature of the person issuing the document is authentic.
In the United States, the term deed is used for the document that expresses the transfer of real estate that is usually done before the notary. Hence the confusion with our “writing”. However, in the United Kingdom, it is used more widely to refer to other types of unilateral undertakings….