Its concepts have been developed over the centuries mainly by the work of the courts and are not easy to integrate into the categories of European or continental contract law. However, this is only a conceptual differentiation. In practice, it is very common to find the term agreement used for the treaty and the document in which it is often reflected, more often than the term contract itself. Thus, the expression of the treaty refers to a formal and binding agreement which, for its validity, imposes the presence of certain elements (offer + approval + consideration), while the agreement would be the prior agreement for the formalization (implementation) of the treaty. Sometimes you will also take the term deed to refer to what looks like a contract. According to Professor Dell`Aquila (The Contract of English Law, 2001), the Deed is not a real contract, because it does not meet the above conditions. The Anglo-Saxon Treaty is a very rich and complex branch of law, which also has its variants in the different countries where it is applied, such as England or the United States. The difference between these three concepts is not as simple as it seems. We can`t give you a quick and simple explanation for these three. Nor do we offer you in this entry a comparative classification of characteristics with three columns. That would be virtually impossible. In the United States, the term deed is used for the document that expresses the transfer of real estate that is usually done before the notary.
Hence the confusion with our “writing”. However, in the United Kingdom, it is used more widely to refer to other types of unilateral undertakings. We already talk about these two concepts in an earlier entry section (here, is there a difference between the contract and the agreement?). The following sentence sums up very well this conceptual difference that we have just explained. In this article, we wanted to address some of the intricacies of the legal treaty that you need to be aware of when working with these documents. It`s more like what we call a one-sided legal business. .