Gentlemen Agreement Valore Legale

  • 22 września 2021
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The attention paid to the commonalities between the two personalities (gentlemen`s agreement and polite relationship) shows another difference, clearer, this time exhaustive. The gentlemen`s agreement presupposes a social frame of reference based on certain values shared by the parties; the pact is narrow in the name of these values; the violation of the Covenant is contrary to these values; This non-compliance shows the disqualification of the offence within the group and certain (extrajudicial) sanctions. The polite report does not presuppose a specific frame of reference, but, on the whole, the dynamics of civil relations; the respect of the polite promise expresses a normal behavior of social comfort, the non-respect of an equally normal behavior. It is unfathomable because, although it is not socially comfortable (uneducated), it is considered by the common opinion to be morally non-reprehensible (not dishonest). So, while the benefit derived from the gentlemen`s agreement – since it is not legally, socially sanctioned – is due to the beneficiary, the „benefit” derived from the polite agreement – since it is not even socially sanctionable – is unproductive for (anyone) trust. Economic transactions carried out on the internal market, and in particular transactions on international markets, require flexible legal forms that can be adapted to different needs. In this case, if they are operations intended to last over time, they must comply with the changing circumstances that are necessary during the way forward to achieve the objectives set. The volume of enterprises, their liabilities throughout the system, the speed of trade are today typical characteristics of trade. Flexibility and formability are necessary and essential conditions for the profitable initiation and development of agreements between the parties and for the definition of conditions that express mutual interests. This inevitably becomes important and is essential when it comes to blunting, composing or reconciling conflicting interests that take longer to be designed and defined and structures marked by rigid formalities, in order to be managed as functionally as their nature and objectives. In this sense, the instruments that economic operators receive from the tradition of contract law do not always meet these requirements, precisely because they oblige the parties to comply with strict rules whose application prevents the speed and freedom of trade and, more generally, of the market.

Except emergency contracts and cc.dd. Trade without an agreement, and rather relations between entrepreneurs, to which the practice of gentlemen`s agreements is attached, so to speak, the contractual settlement as it is organized in our Civil Code can be used at an advanced stage of the relations between the parties, once all the conditions and all the elements of the relationship are defined. the main and, where appropriate, the subsidiary parties, and if the parties are sure that they wish to bind each other and attribute to their relations the legal effects provided for by the legal order. 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? III…..

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