Gentlemen Agreement Modello

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? This was, for example, a gentlemen`s agreement between Italy and the United Kingdom of 2 January 1937, which preceded the Easter Accords. A gentlemen`s agreement (in English, with the literal meaning of “gentleman es agreement”) is an informal agreement between two parties, usually written orally or less often. It is essentially based on the assumption that both parties will respect the word for their own honour, since, unlike a formal contract, it cannot be defended by the courts. Another discourse deserves the definition of gentlemen`s agreements, which should generally not consist of a written document. Indeed, these are oral guarantees that imply an obligation to speak and the possible sanction is simply to lose the credibility of the subject engaged. These promises are therefore not binding and are usually applied in narrow environments where non-compliance with this word is easily known to members of a close community (think exchanges of certain commodities). However, even if written agreements are concluded under this title, their non-league can hardly be supported by the introduction of gentlen agreements. On the other hand, it cannot be ruled out that, in extreme cases, an oral agreement, demonstrated by testimony and other supporting evidence, may nevertheless lead to proof of a contract, even if the hypothesis must be regarded as remote in view of the low importance given to the right to testify in the area of commercial obligations. Gentlemen`s agreements deserve their own speech and, as a rule, they do not consist of a written document, but of oral guarantees involving an obligation to speak, and the possible sanction is simply to lose the credibility of the subject engaged. These promises are therefore not binding and are usually applied in narrow environments where non-compliance with this word is easily known to members of a close community (think exchanges of certain commodities).

However, even if written agreements are concluded under this title, their non-league can hardly be supported by the introduction of gentlen agreements. On the other hand, it cannot be ruled out that, in extreme cases, an oral agreement, established by testimony and other elements supporting it, nevertheless leads to proof of a contract, even if the hypothesis must be regarded as remote in view of the low importance given to the right to testify in the field of commercial obligations. .

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