Lawyers who work with Anglo-Saxon contracts are used to finding the concepts of contract and agreement in different documents almost indiscriminately. But is there really a difference between these two notions? Although in practice these are practically equivalent terms, there are in fact some differences, since the word “common law” refers to an enforceable agreement whose enforcement can be sought before the courts, whereas an agreement is only an agreement between the parties that may or may not contain the elements necessary for the grant of such enforcement. Thus, the term “contract” refers to a formal and binding agreement (binding) which, for its validity, imposes: a formal offer(offer), the acceptance of the other party (acceptance) and a counterpart (consistency) which may be of a monetary or non-monetary nature. Thus, the expression of the treaty refers to a formal and binding agreement which, for its validity, imposes the presence of certain elements (offer + approval + consideration), while the agreement would be the prior agreement for the formalization (implementation) of the treaty. These two terms are often used without indistinct equivalents, both terms can be translated as “contract”. However, the word contract is sometimes used to refer to the document with the agreement, although the agreement can also be used in the same direction. However, this is only a conceptual differentiation. In practice, it is very common to find the term agreement used for the treaty and the document in which it is often reflected, more often than the term contract itself. Its concepts have been developed over the centuries mainly by the work of the courts and are not easy to integrate into the categories of European or continental contract law. It`s more like what we call a one-sided legal business. It is usually used in the sale of real estate, perhaps for this reason, because its assimilation to writing.
For the deed to be valid, several formalities must be completed. There must be a written statement from the person granting a right to another and it should be expressly stated that it is a deed. . .