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The Importance of Contracts in Society

The contractual instrument is used daily in society for the most diverse situations, even if we don't realize it, we've been closing contracts all the time, from the work contract, purchase and sale contract, and several other contracts in everyday life.

The contract has its origins in Rome, and was implemented to guarantee the fulfillment of an obligation, and it was an innovation for the time, that is, the contracts were nothing more than true sources of obligation.

The contract always has justice as an end, when an obligation was agreed, the contract would then be a means so that once the obligation is fulfilled, justice is then carried out.

Maria Helena Diniz, Brazilian jurist, lawyer and professor, defines the contract as follows:

"Contract is the agreement of two or more wills, in accordance with the legal order, intended to establish a regulation of interests between the parties, with the scope of acquiring, modifying or extinguishing legal relationships of a patrimonial nature"

We can then understand that for a contract to exist, at least two wills are necessary, for a certain obligation to be fulfilled, after this definition, the contract will guide the obligations and responsibilities of each party involved, providing for value, form of remuneration, fines and penalties for the party that fails to comply with its obligations, as well as stipulating the term of the deal, and whatever else is agreed upon between the parties.

In addition to being disciplined in the Civil Code of 2002, the contract is governed by principles whose function is to govern the way agreements must be made, and the parties involved must always act in compliance with the principles of contractual law, such as autonomy of will, loyalty and good faith, even if these are not expressly provided for in the instrument.

It is always interesting to pay attention to who can sign a contract so that the instrument has legal validity. When dealing with a business contract, the person who must always sign is the legal representative, who is the natural person indicated in the contract or bylaws of a company, and only he can sign contracts and assume obligations for the company.

It is also possible to sign through the legal representative, who is the one who receives the task of acting on behalf of the company in the practice of specific acts, by means of a power of attorney.

Finally, it is possible to register the contract, which in turn is regulated by the Public Records Law (Law 6.015/73), and is the act in which the parties make public the conclusion of a certain contract. In some cases, the law requires that the contract be registered with the Notary, as in the case of a Movable Property Agreement with a domain reservation clause, Pledge Constitution Agreement, Preliminary Agreement, Lease Agreement, among others.

The registration of a contract is interesting because it brings more security to the contractual relationship, and makes the content of the contract even more indisputable.

In summary, we can conclude that the contract is an extremely necessary instrument to regulate the interests of the parties and provide greater security. Therefore, always look for a specialized company to assist you in the preparation of your contractual instruments.


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