CONTRACT IN THE MODERN WORLD

Contract – is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are «offer» and «acceptance» by «competent persons» having legal capacity, who exchange «consideration» to create «mutuality of obligation.

The notion of contract was clearly expressed in Ancient Rome that had a highly developed legal system, the roman legal system evolved between the V century B.C. and the II century A.D. Latin was used as the language of contracts, in England the contracts appeared in the middle of XV century as a formal agreement between 2 or more people. Nowadays, once a contract is made, it can’t general be changed without the contest of all involved parties. All changes must be in written form and signed by both parties.

These can be different kinds of contract:
• contract of employment (найм);
• contract of service (сроки и условия работы);
• turnkey contract (исполнение работ под ключ).
Contracts can be expressed as oral or written agreement whose terms are manifested by clear and definite language.

It’s necessary to prove that:
1. the parties entering a contract were a sound mind (в здравом уме) and had the required legal capacity (правоспособны) and mental ability;
2. there was mutual acceptance of the agreed upon terms.
Also essential in an enforceable (имеющий исковую силу) contract is consideration. The subject matter of contract should be improved by law.

Americans prefer explicit contracts (written). The written word is understood to be the most binding; the contract is a working document that will be changed during negotiations. Written contracts are not flexible or easy to change.

In the Middle East countries implicit – oral contracts are preferred. In these countries, for example in Japan, contract don’t play essential role in negotiations, it’s a small detail at the end of the long process of negotiations.

In some African countries, like Nigeria, both types of contract are very flexible and change as the situation changes.

In Mexico, the written word is more binding than the spoken one.

Учим английский, арабский и другие языки: CONTRACT IN THE MODERN WORLD
DIFFERENCE BETWEEN EXPLICIT (ET) AND IMPLICIT (IT) STYLES OF AGREEMENT
Relationship of the parties: ET is based on the contract; IT is based on personal relations;
Communication between the parties: ET – brief, formal, verbal; IT –extensive, verbal and non-verbal, formal and informal;

Exchange of promises: ET – obligations are carefully explained and breaches (нарушения) are clearly defined; IT — obligations are not carefully explained and breaches (нарушения) are not clearly defined;

Time orientation: ET – future can be predicted and included in the contract. Clear beginning and ending to time of agreement; IT — future can not be predicted and it isn’t included in the contract. No clear beginning and ending;

Responsibilities: ET is only to your company. Conflicts of interests are accepted. IT is to both companies. Conflicts of interests are not common.

WORDS USED IN THE LANGUAGE OF CONTRACTS
Hereafter – after this, in the future;
Herein – in this matter;
Hereinafter – in this document;
Thereafter – after that in time;
Thereinafter – in the following part.

LATIN EXPRESSIONS
Per annum – annually;
Per se – by or in itself;
Pro rata – in proportion to a total sum;
An interim – temporary.


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