The difference between the agreement and the contract is professionally explained
A binding appointment is also known as an agreement. Agreement or arrangement can be fixed in contractual form. In contrast to contracts, agreements are not always legally enforceable or generally have the character of a contract.
A contract is always based on certain agreements, which thus determine the content. In accordance with contract law (freedom of contract), agreements can be made orally or in writing in a contract between the respective contracting parties. Contracts are regulated by the civil code and by contract law.
Difference between contract and agreement
Accordingly, contracts are agreements with legal consequences. This means that a contractual agreement, for example the purchase of a certain thing or taking out insurance, cannot be easily reversed.
- In some cases, the legislature provides certain options for revocation. If these deadlines have expired, the partner concerned can rightly insist on fulfillment.
- While for certain contracts (loans, leasing) there is the possibility of early termination against If there are compensation payments, notice periods (insurance, financial investments) also play a role for others Role.
Only contracts are legally binding
- Not every agreement is a contract. That is a major difference. For example, if you arrange a meeting privately and make the promise (promise) at a certain time, the partner cannot derive any legal entitlement if you do not show up. The court will not deal with such a case.
- It looks different with an agreement in the form of a contract. Are there special clauses that penalize non-compliance or a Let claims for damages arise, then the court can, if necessary, endeavor to assert claims enforce.
- Submitting a declaration of intent to conclude a purchase contract does not yet result in a legally significant transaction. A binding appointment for talks does not have to lead to contracts.
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In tenancy law, the German Civil Code knows, for example, the form lease agreement and the individual agreement. The difference between the two is that the latter is not presented to the tenant as a form, but each point is negotiated individually. In order to protect the tenant, higher requirements are placed on a pre-formulated rental agreement.
