Where an alleged agreement involves a series of communications between the parties and not a formal note or notification signed as proof of a contract, the decision whether or not to enter into a binding contract must take into account everything that has existed between the parties in relation to the agreement. Naked linguistic phraseology (z.B. “Confirmation of verbal communication”; “the points discussed” may reveal that there is no firm fault on contractual obligations. The conduct of the parties in implementing an informal agreement in accordance with their terms is a strong sign that the execution of a formal document was not a precondition for the creation of a binding contract on the agreed clause or that the parties have waived such a requirement. Even behaviour following a dispute over whether an agreement has been reached can be helpful in resolving the problem. Contracts can be (orally), written or a combination of the two. Certain types of contracts, such as contracts. B for the purchase or sale of real estate or financing agreements, must be concluded in writing. An oral contract or verbal agreement is when two or more parties exchange statements of intent with such meaning that they declare themselves bound by their word.
Although oral contracts are admissible in court, they must also meet certain criteria to be legally binding. Of course, not all agreements reached in the framework of the social dialogue are binding. The difference between an agreement and a contract is that the contract has a legal guarantee. Oral contracts are not mandatory for a reason – without audio recording, an oral agreement is not easy to prove. Contracts should be written as much as possible. Despite the above, if a contract is concluded, but there are ambiguities in what the parties claim to have agreed, a certain lack of clarity will not necessarily render the “agreement” unenforceable. The courts will endeavour to objectively meet the reasonable expectations of the parties if it is found that they intend to establish some legal connection between them. Some courts have argued that a contract is rendered unenforceable only if a missing clause is sufficiently significant that the Tribunal cannot recover the actual intentions of the parties in the language within the four corners of the legal act without them, and thus provoke such intentions by necessarily providing one thing accordingly.
The principles of the constitution of the treaty should be applied liberally to confer legal value on a clause of an agreement, where the words used may have a clear and ordinary meaning that is not contrary to the agreement as a whole. This is particularly the case where the exact nature of the generally subsidiary or minor (i.e. non-substantial) contractual terms is at issue or where the agreement has been partially respected. Finally, it is not for a court to fulfil essential terms in an otherwise incomplete agreement.