Gentlemen Agreement Significato

Gentlemen Agreement Significato

Another discourse deserves the definition of gentlemen`s agreements, which should generally not consist of a written document. Indeed, these are oral guarantees that imply an obligation to speak and the possible sanction is simply to lose the credibility of the subject engaged. These promises are therefore not binding and are usually applied in narrow environments where non-compliance with this word is easily known to members of a close community (think exchanges of certain commodities). However, even if written agreements are concluded under this title, their non-league can hardly be supported by the introduction of gentlen agreements. On the other hand, it cannot be ruled out that, in extreme cases, an oral agreement, demonstrated by testimony and other supporting evidence, may nevertheless lead to proof of a contract, even if the hypothesis must be regarded as remote in view of the low importance given to the right to testify in the area of commercial obligations. A gentlemen`s agreement (in English, with the literal meaning of « gentleman es agreement ») is an informal agreement between two parties, usually written orally or less often. It is essentially based on the assumption that both parties will respect the word for their own honour, since, unlike a formal contract, it cannot be defended by the courts. In the absence of enforced harm, it is generally accepted that incitement not to breach a gentlemen`s agreement is the reciprocal opportunity to comply with it (e.g.B. Benefit to both parties or limitation of damage or risk that could be worse without agreement for both). This was, for example, a gentlemen`s agreement between Italy and the United Kingdom of 2 January 1937, which preceded the Easter Accords. Some companies are reluctant to sign complete and detailed contracts and only exchange documents defined from time to time such as Memoranda of Understanding (LOI), Memorandum of Understanding (MOU), gentlemen`s agreements, etc. But in the event of a discrepancy, what is the binding value of these documents in international trade? What is the responsibility for refusing to sign a contract when a memorandum of understanding has been signed during a negotiation? The court will assess compliance with the duty of good faith in negotiations….

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