In order to be enforceable, the following contracts must be included in an authentic instrument, i.e. a deed issued or recognised before a notary: 1. deeds and contracts which have as their object the establishment, transfer, modification or termination of rights in rem in immovable property; (2)Assignment, rejection or renunciation of hereditary rights or those of conjugal partnership of benefits; 3.) the power to manage property or any other power which has as its object an instrument which appears or should appear in an authentic instrument or which should disadvantage a third party; and 4.) the assignment of instruments or rights deriving from an instrument contained in an authentic instrument. A cancellable contract is a valid contract that binds only one party; the other party may choose to reject or accept it. If you create or enter into a contract and want to be sure that it is legally enforceable, the contract must complete several legal formalities to be valid. For a contract to be binding, both parties must first be aware that they are reaching an agreement. Often referred to as a „chiefs` meeting,“ both parties to a contract must be active participants. You must acknowledge that the contract exists and freely agree to be bound by the obligations of this document. In fact, contracts can be declared invalid if knowledge is not sufficiently established. For example, if one of the parties has signed an agreement under duress or can prove undue influence, fraud or misrepresentation, the contract becomes invalid. Therefore, it is crucial that all parties entering into a contract clearly and unambiguously state that the agreement is genuine and reciprocal and that all parties agree with its content.
The five prerequisites for preparing a valid contract are offer, acceptance, consideration, jurisdiction and legal intent. This requirement of a contract relates to the intent of each party. Often, friends and family members come to a vague agreement, but they never intend it to be legally binding, that is, they do not intend that one person can sue the other if someone does not do what they have said. This type of agreement is not a valid contract because there is no legal intent. Again, a written appearance or any form of documentation is not part of a valid contract. As long as an agreement fulfills these three elements, a valid contract exists, whether written or not. There are laws that protect consumers from unfair contract terms when they have had little or no opportunity to negotiate with companies (e.g. B of model contracts). Verbal agreements are based on the good faith of all parties and can be difficult to prove.