The preamble of the treaty and its meaning

Among the legal terms, one of the most common is the "preamble". In translation from Latin and French, the meaning of the word preamble is "being in front of someone or something", "going ahead". If we talk about the legal meaning, then the preamble is an introductory, introductory, initial part of a legal document, of an act. Among the documents in the content of which it is, include a declaration, an international treaty, laws, civil-law contracts, a constitution.

Functionality

The preamble of the treaty contains the tasks, goals, principles of this particular document. In addition, it contains conditions, circumstances, other prerequisites, due to which the contract is created and signed. Thus, the preamble of the treaty is the most important part of the relevant legal act. It also indicates the scope of regulatory acts. It determines the parties who have the right to conclude a contract. In the document, according to the regulations, the full names of firms or institutions, organizations, then their abbreviations or abbreviated names are given first. Under these same organizations, these organizations are mentioned and appear in the contractual texts "a supplier such and such, a buyer such and such." This reduces bureaucratic delays and simplifies the execution of documents, because Removes the need to write the full name of the cooperating parties each time.

The preamble of the treaty requires a complete and detailed prescription of the names of all persons who sign the contract, their position, surname, first name, patronymic. Further, the names of the documents according to which these people have the right to sign this contract are necessarily mentioned. Such permissive papers are statutes, regulations, powers of attorney, etc.

To conclude a contract, relying on the charter, without any power of attorney, the heads of enterprises, organizations, etc. have the right. Other officials - deputy directors, chief executives, vice-presidents, etc. Can do this, based on the issued to them from the leadership, officially issued power of attorney.

Of fundamental importance for the conclusion of a contract is the availability of a license from signatories to authorize a particular transaction or other type of activity. The preamble of the contract contains a license number, it records the series, the date of issue, the time and place of action, an indication of the authorities that issued the license.

Practical examples:

1. The preamble contains an indication of the persons or parties concluding the contract. The one who uses the services in the text of the contract is called the customer. For example, a person who wants to buy or sell his property, uses the services of a realtor. And the realtor's office, its concrete representative, working with the customer, is called the performer in the preamble. The agency is a legal entity, and by law it is possible to sign contracts, only such an executive body or that person specified in the charter can sign such official documents. Other persons in this situation should present a power of attorney, a copy of which the client, i.e. Customer, leaves at home. Without such a copy, in the event of any misunderstanding, it will be problematic to achieve the fulfillment of the treaty.

2. The preamble prescribes the so-called subject of the contract - the actions for which the contract is concluded, the obligations assumed by the contracting parties in this regard. Those. The realtor obliges the client to find a suitable buyer for his property when selling or the right property when buying. For this service, the client must pay the real estate company a pre-agreed amount of money. Thus, both parties undertake certain obligations, which is prescribed in the document in the corresponding section. Another important point is the time for which both sides must fulfill their obligations. They should also be specifically mentioned in the document or even specified in detail.

3. When composing and signing documents, both sides need to be extremely careful not to miss any important nuances and subtleties, because of which then misunderstandings may arise.

Preamble of the Constitution

The basic law of the state - the Constitution - also contains in its text a preamble. Thus, the preamble of the RF Constitution prescribes the most significant and systematizing the entire text of the document provisions and positions. This is a kind of concise outline of the contents of this document.