The preamble mentions the nature of the agreement, the date of the signing of the agreement, the parties to the agreement, its status (i.e. its persons or entities) and its addresses. Types of clauses of consideration. The recitals provide general information on the parties, the context of the agreement and the introduction into the agreement itself. There are several types of clauses: the criteria defined at both national and international level also differ with regard to the distinction between consumer and non-consumer contracts. The principles do not contain an explicit definition, but the assumption is that the concept of “commercial” contracts in the broadest sense should be understood to include not only commercial transactions for the supply or exchange of goods or services, but also other types of economic transactions, such as investment and/or concession contracts, commercial services contracts, etc. The content. The information mentioned in the preamble should be limited to intentions, wishes or factual assertions. It is customary to limit these statements to substantive issues that may lead to a direct breach of the validity or applicability of the contract. Other features that explain the overall picture of the proposed concentration, such as the interdependence of the contract with other agreements (if any) or the need to comply with certain essential conditions or grant regulatory approvals, can also be discussed here. Overall, the views discussed in a preamble should be of such importance that, if one of them does not apply, the contract may be cancelled for legal reasons (hereafter the “error”). From this point on, the core of the contract, which contains legally binding rights and obligations between the parties, is established. Whether or not there is clear language in this regard, it is important to pay attention to the interpretive clauses which, as a general rule, must be found immediately after the definition clause, which should determine which parts of the treaty are part of the legally binding agreement or are excluded from it.
Contract plans (which generally contain other key terms of the contract) are often explicitly designated as components of the contract and therefore have legal value. Considerations in the treaties. Most contracts contain, under the title and the bloc of parties, but before the text of the agreement, a group of paragraphs, also called “preamble,” “considerants” or “considerants.” NB: Preambles should not be confused with preliminary work. More information is available on the distinction between preliminary work and preambles Despite the fact that the principles are designed for international commercial contracts, there is nothing to prevent individuals from agreeing to the application of the principles to a purely national contract. However, such an agreement would be subject to the mandatory provisions of national contract law. The 2006 AIPN-Model-Form gas sales contract states that its interpretive clause applies to “this agreement, including recitals and annexes, unless expressly provided otherwise: . . . In the event of a conflict, the provisions of the main body of this agreement prevail over the provisions of the annexes.” The fact that the recitals of the second half of this provision are not mentioned suggests that the recitals will not prevail over the operational provisions (except, as noted above, in case of ambiguity) and that there is therefore no need to make an explicit statement to that effect. No obligations. While clauses should never contain obligations, conditions, guarantees, rules or political obligations.