SPECIFICA CONTRATTAZIONE

English translation: express agreement

08:19 May 26, 2016
Italian to English translations [PRO]
Law/Patents - Law: Contract(s)
Italian term or phrase: SPECIFICA CONTRATTAZIONE
This is the name of the final clause in the Agreement, which then reads: "20.1 Il presente contratto è stato redatto e concordato in ogni sua clausola da entrambi i contraenti che dunque dichiarano specificamente di accettare, senza riserva alcuna, ogni pattuizione."

What would that type of clause be called in English?
Anthony Green
Italy
Local time: 19:19
English translation:express agreement
Explanation:
I think the point of this clause is to state that each clause has been agreed rather than bargained and negotiated separately by the parties. I don't believe similar clauses exist except those which say you have read the whole contract.

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Note added at 48 mins (2016-05-26 09:07:52 GMT)
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I don't think you need "specific" because it is in the clause and would probably just confuse a reader.
Selected response from:

James (Jim) Davis
Seychelles
Local time: 21:19
Grading comment
Thanks Jim!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1express agreement
James (Jim) Davis
4Parties' (BrE) Entire Agreement > (AmE) Integration > Clause
Adrian MM. (X)
3specific bargaining / negotiation
Anna Amisano


Discussion entries: 2





  

Answers


36 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
specific bargaining / negotiation


Explanation:
provo...

Anna Amisano
Italy
Local time: 19:19
Specializes in field
Native speaker of: Italian
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47 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
express agreement


Explanation:
I think the point of this clause is to state that each clause has been agreed rather than bargained and negotiated separately by the parties. I don't believe similar clauses exist except those which say you have read the whole contract.

--------------------------------------------------
Note added at 48 mins (2016-05-26 09:07:52 GMT)
--------------------------------------------------

I don't think you need "specific" because it is in the clause and would probably just confuse a reader.

James (Jim) Davis
Seychelles
Local time: 21:19
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1337
Grading comment
Thanks Jim!

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: It's a pointless clause, because if you sign an agreement, you obviously accept everything it contains.
6 hrs
  -> I'm not sure that is the case in Italian law. There must be some sort of defence which says "Oh I didn't notice that bit", otherwise they wouldn't put it and similar clauses.
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Parties' (BrE) Entire Agreement > (AmE) Integration > Clause


Explanation:
The web ref. is US. I don't recognise an 'integrated agreement' from UK contract practic/se. What does everyone else think?

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Note added at 4 days (2016-05-31 07:27:47 GMT) Post-grading
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'It's a pointless clause, because if you sign an agreement, you obviously accept everything it contains.'

NB Common scenarios in both UK & Italian contract law where

1. a rider is added to the contract
2. a preliminary-only agreement is argued and
3. parol evidence is adduced to show a verbal agreement or a handshake on a different deal.

Example sentence(s):
  • An Entire Agreement clause works in concert with the common law rules regarding complete agreements, or "integrated agreements."

    Reference: http://https://www.contractstandards.com/clauses/entire-agre...
Adrian MM. (X)
Local time: 19:19
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 276
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