Content. The information mentioned in the preamble should be limited to intentions, wishes or factual assertions. It is customary to limit such declarations to substantive reservations which may directly affect the validity or application of the treaty. Other particularities that explain the overall state of the proposed transaction, such as the interdependence of the contract with other agreements (if any) or the obligation to meet certain essential conditions or to grant administrative authorisations, can also be discussed here. Overall, the issues addressed in a preamble should be of such importance that, if one of them were not true, the treaty could be annulled on the legal basis of « error » (« error »). Result: Mario kept another law firm and pursued a very bad complaint in which Mario didn`t really have a good argument. While it was finally settled, the legal fees made the comparison rather like a defeat. Mario has never forgotten to be betrayed by the legal language of his agreements, financially or otherwise. 1. Always insist that the words in the agreements be clear to yourself and everyone else. Lawyers sometimes seem to confuse, intimidate and mask a strong desire and an irrepressible tendency.
Don`t let it go. Emphasize words, phrases, and language that are so clear that no one can confuse them. If you have to say to a lawyer, « What does this mean? », there is at least already the beginning of a problem. I once had a lawyer prepare a will. I told him I didn`t understand what he was writing, and it made me believe that if he died, my children probably wouldn`t understand either. His answer: « You can always call me to explain to them. » I immediately left him and went to see another lawyer who then completed my will in good old « simple English ». Presentation. The recitals of the Treaties on the European model are often listed with a capital letter (A), (B), (C) etc., or a Roman numbering.
Recitals should not be enumeration points. American-style contracts often begin each recital with the word where,. In addition, recitals are generally considered enumerations: each recital would end with a semicolon, while the first recital is read as continuing the lead-in (which could be the preamble title `while`). See also section 5.2 (d) (enumerations). 2. Remember that the language in « During clauses » is not universally binding. Whatever you are told, the language in « during clauses » or similar introductory paragraphs is not binding. Do not accept words in such clauses as proof that you have received what you have negotiated for. This is simply not the case.
While a court could check the words in « recitals » and perhaps even take the position that the words have some meaning, who should ever be brought to justice? Placing the language in « During the clauses » to make non-lawyers believe that they have received a promise if they have not done so, is a usual legal ploy. And now that you know about it, you are not a victim of it. 3. Also understand that the title of an agreement, as well as the titles of sections or paragraphs, also do not matter, if at all. I often check an agreement called the « Agreement on Inventions » and find that it is not inventions at all, but, for example, destructive of competition or reimbursement of educational subsidies if the worker ever leaves his employer. Titles don`t mean anything. .