However, this is only a conceptual differentiation. In practice, it is very common to use the term agreement for the contract and the document in which it is thought, more often, even as the expiry contract itself. In this way, the contract refers to a formal and binding agreement which, for its validity, requires the existence of certain elements (offer – acceptance – consideration), whereas the agreement would be before the formalization (execution) of the contract. The term act, which often mistranslates dictionaries into “writing,” has some relation to the terms we have just seen, but has a different structure. Moreover, it is not a bilateral or multilateral agreement, as for example. B a treaty, but a single manifestation of will. We have already referred to these two concepts in a previous entry (here: is there a difference between the contract and the contract?). If you want to know more about the things that distinguish our contract law from Anglo-Saxon contract law, we advise you to read this entry: 3 keys to understanding contract law. For the validity of the facts, several formalities must be completed. There must be a written statement from the person granting one right to another, and he must explicitly declare that it is an act. In addition, it is necessary to forward the document to the recipient of the undertaking and, in general, to the signature of at least two witnesses at the end of the deed certifying that the signature of the person issuing the document is mandatory. In this article, we wanted to discuss some of the intricacies of contract law that you should know when working with these documents.
In the United States, the concept of deed is used to refer to the document that materializes the transfer of real estate, which usually also happens before a notary. This could create confusion with our “writing.”