Agreement Article

Agreements
People make a lot of agreements in everyday life. But what exactly does an agreement entail? Simply put, an agreement is an agreement between at least two people. However, there is more to the legal design of an agreement.

What exactly is an agreement?
Not everything falls under the concept of agreement. For example, if you agree with a colleague to go to the city, this is not an agreement. Something has been agreed, but that agreement is not aimed at a legal consequence. For there to be an agreement, the legal act must be aimed at a legal effect. Rights and obligations therefore arise from this.  The agreement to go to the city is therefore neither an agreement nor enforceable.

Design of an
agreement An agreement is form-free, i.e. it can be concluded in any form. If the agreement is concluded in writing, this is called a contract. An agreement can also be concluded orally and tacitly. Of course, it is wisest to conclude an agreement in writing. Both parties then have proof of the agreements made and these are therefore easily enforceable.

Conclusion of agreement
An agreement is concluded by an offer and the acceptance thereof. The person who makes the offer must, just as well as the person who accepts that offer, actually want it. The will must be aimed at concluding the agreement. If the will is lacking in one of the parties, there is a possibility that no legally valid agreement has arisen. This is because there is a lack of agreement. Once agreement has been reached on the most important issues, the agreement is actually concluded. The fact that not all small details have been arranged does not matter here either.

Unenforceable agreements
A valid agreement is enforceable. However, not in every situation. For example, a legally valid agreement may not be (or no longer) enforceable by:

• Birthday
• Legal processing
• Abuse of rights

Void or voidable agreement
For several reasons, an agreement can be void or voidable. The difference between nullity and voidability is that a void legal act is invalid by operation of law, while a voidable legal act is valid but can be modified (i.e. annulled).

An agreement is void if:

• There was no agreement of will;
• It is contrary to public order;
• It is contrary to good morals; or
• It is against the law.

An agreement is voidable when:

• There is a lack of will;
• It is entered into with an incapacitated person.

Non-compliance
If one of the parties fails to comply at all, partially fails to comply or if what has been agreed is not correctly complied with, then there is a breach of contract. You can then rely on the general rules that apply to each agreement. The following 4 things can be claimed:

• Still compliance + possible compensation;
• Suspension;
• Dissolution + possible compensation; or
• Substitute damages.

Special agreements
In addition to all these general rules that apply to each agreement, specific rules have also been drawn up for special agreements. Some examples of special agreements:

• Purchase agreement;
• Rental agreement;
• Settlement agreement;
• Employment contract;
• Contract for services;
• Exchange agreement;

If you are dealing with a special agreement, it may therefore be that other rules also apply to this.

Do you have any questions about anything?
If you have specific questions about agreements, you can contact us without obligation.

We can also help you draw up a legally valid agreement or destroy it. A letter from a lawyer or lawyer is always taken more seriously in the end. In addition, we also write letters with the correct legal substantive argumentation. Call or email us:
040-8444523 or info@agajuristen.nl

Author
Maryleny Zonneveld (Jurist AGA Lawyers)Written on: 1 May 2021

The above article is described as accurately as possible, yet the above article may contain human error, be incomplete or may no longer be up to date years later. AGA Lawyers does not receive any compensation for this information if it is used, and is therefore in no way liable for the information in the above article. The copyrights of the above article lie with AGA Lawyers and Maryleny Zonneveld. The above article may not be copied or published by others without our permission on paper.