Agreement
英文合同(Agreement和Contract)的写作方法
英文合同(Agreement和Contract)的写作方法本书撰写的方式，是针对名称为"Agreement"或"Contract"类型的文件做阅读方法的说明，其原因即在于此类文件的合约架构复杂而内容完整，读者若能掌握阅读此类合约的要领，阅读其它类型的英文合约时自然就能够畅行无阻了。
贰英文合约的特色这一节所要谈的英文合约的特色，其实也就是阅读英文合约的困难之处。
首先，英文合约和中文合约比较起来，总是显得又臭又长，让人一开始就产生抗拒的心理，也不知道从何着手。
其次，不但整份合约的篇幅可观，里面每个句子也经常拖了好几行，甚至几页都很有可能。
最后，也是最令人头痛的，是有一大堆「古早时候」的制式用语，长久法学传统累积的结果，虽然或许可以显现其庄严慎重，却是阅读或使用合约者的痛苦来源。
以下就针对这些英文合约这几点特色分别说明，作一些心理准备工作，并且尝试提供几个可能有所帮助的建议。
一、又臭又长的英文合约印象里的英文合约，总是密密麻麻的字母，铺满了一页又一页，最后订成厚厚的一大本，让人看了就倒胃口，怨叹英文合约为什么一定要这么长呢？老一辈的人这时候就会说，外国人总是不比中国人，中国人最讲「诚信」了，做生意拍拍胸脯一句话就包在我身上，签约、盖章做什么？这个说法在今天还成不成立，或者古代到底是不是真的这样，由于作者并无纵横古今中外的生活经验，不敢表示任何意见。
我们要说明的，是英文合约的规模老是看起来比中文合约庞大，可能有其法学历史上的原因，那就是英美法系的本质：「不成文法」。
英美法学基本上架构在自古以来发生的一个个案例，所谓的"case law"就是指这种背景，与我们所熟悉大陆法系的"statutory law"，法律成文化的传统很不一样。
虽然现在采取英美法系的国家，也已经进行许多法律的成文化工作，但是规模仍然不及大陆法系国家，并且许多成文化法规也仅限于宣示或参考的性质（例如美国American LawInstitution所编撰的Restatement，虽然越来越常被法官引用，但是却没有一定的法律拘束力）。
contract和agreement的区别
在英语中，合同一般称为Contract，协议一般称为Agreement。
何谓“contract”?1999年中国《合同法》第二条对contract定义为： A contact in this Law refers to an agreement establishing, modifying and terminating the civil rights and obligationsbetween subjects of equal footing, that is, between natural persons, legal persons or other organizations”。
根据这一定义，合同平等主体之间设立的确定民事权利和义务的协议。
，Steven H. Gifts编著的“Law Dictionary”中将contract 定义为“contract is a promise, or a set of promises, for breach of which the law gives remedy, or the performance of thewhich the law in some way recognize as a duty.”根据这一定义，合同是一种承诺，违反承诺可以得到法律救助，某种意义上法律将履行该承诺看做是一种补偿。
L.B Curzon 在其编撰的字典“A Dictionary of Law”给contract的定义：“Contract is a legally binding agreement”根据这一定义，合同就是有法律约束力的协议。
综合起来，有一个相同点，就是“Contract is an agreement”，即可将合同说成是“An agreement which binds the parties concerned”或者说合同说成是“An agreement which is enforceable by law”，也可以说：Contracts are promises that the law will enforce。
agreement的用法总结大全
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Agreement
AgreementAgreement is a legal term that refers to a mutual understanding between two or more parties about specific terms, responsibilities, or obligations. The term agreement is widely used in various fields, including businesses, contracts, partnerships, international treaties, and personal relationships.An agreement is generally considered a legally binding document that outlines the responsibilities and obligations of both parties and sets a framework for cooperation and working relationships. In the context of businesses or contracts, agreements are essential documents that define the terms of the agreement between the two parties involved.An agreement should include all the essential terms and conditions of the contract. These include details about the services or products being provided, the time frame for the agreement, the payment terms, the scope of work, and any other specific requirements that may be relevant to the agreement. It should also outline how disputes will be resolved, and any legal liabilities that may arise in case of a breach of the agreement.Agreements are often used in partnerships and joint ventures, where two or more parties work together to achieve a common goal. In such cases, the agreement is essential to establish mutual expectations and ensure that all parties areaware of their responsibilities and obligations. A good agreement will help to establish trust and build strong working relationships between the parties involved.International agreements are also crucial for establishing diplomatic relationships between countries. These agreements can cover a broad range of issues, including trade agreements, environmental agreements, and human rights treaties. International agreements require careful negotiations and often involve complex legal discussions to ensure that all parties involved are satisfied and that the agreement is beneficial for all.In personal relationships, agreements are often used to establish boundaries and expectations. In marital relationships, for example, prenuptial agreements are increasingly common, allowing couples to define how assets and properties will be distributed in the event of a divorce. Similarly, roommates may create agreements to establish expectations about shared expenses and responsibilities in a shared living space.In conclusion, Agreements are fundamental documents that help establish mutual expectations and obligations between parties, define the scope of work, and provide legal protection in case of any disputes or breach. These agreements are essential in various fields, from business and contracts to personal relationships, and international diplomacy. Careful consideration of all terms should be made before signing any agreements toensure that all parties' needs are adequately addressed, and the agreement is mutually beneficial.。
Agreement (7)
AgreementIntroductionAgreement is a term widely used in legal and business spheres. It refers to a mutual understanding reached between two or more parties regarding a particular matter or issue. Agreements can take various forms, such as a contract, a memorandum of understanding, or a verbal agreement. The purpose of this document is to discuss the concept of agreement, its importance, and the legal requirements necessary for an agreement to be enforceable.Definition of AgreementAn agreement is a legally binding contract that outlines the terms and conditions of a deal between two or more parties. It can be in writing, verbal, or implied. An agreement can take many forms, including a contract, a purchase order, a memorandum of understanding, or an email exchange.Importance of AgreementAgreements are crucial in almost every area of business and law. They play a critical role in defining the terms and conditions of a deal, setting expectations, and protecting parties' interests. An agreement helps to ensure that all parties involved in a transaction understand their responsibilities and obligations. Italso helps to prevent misunderstandings, conflicts, and disputes, thereby promoting business relationships' longevity.Legal Requirements for an Agreement to be EnforceableAn agreement must meet specific legal requirements to be enforceable. Some of the essential requirements for a valid agreement are as follows:1. Offer and Acceptance: An agreement is considered valid when there is an offer made by one party and accepted by the other party. The agreement is formed as soon as the offerer receives an acceptance from the other party.2. Intention to Create Legal Relations: For an agreement to be legally binding, the parties must demonstrate an intention to create legal relations. This means that the agreement must have legal consequences, and the parties must be aware of them.3. Consideration: The parties involved in an agreement must exchange something of value. The consideration can be in the form of money, goods, or services, and it must be agreed upon by both parties.4. Free Consent: The parties involved in an agreement must have freely given their consent to the terms of the agreement. Any coercion, undue influence, or mistake can invalidate an agreement.5. Legality of Object: The object of the agreement must be legal. Any agreement that is illegal or immoral is unenforceable.ConclusionIn conclusion, an agreement is a legally binding document that is essential in many areas of business and law. It helps to define the terms and conditions of a deal, setting expectations and promoting long-term relationships. However, for an agreement to be enforceable, it must meet specific legal requirements, including offer and acceptance, intention to create legal relations, consideration, free consent, and legality of object. By adhering to these elements, parties can ensure that their agreements are legally binding, valid, and enforceable.。
Agreement
AgreementAgreement is a term that is commonly used in various contexts to refer to a formal or informal arrangement between two or more parties. At its core, an agreement is a legally binding agreement that outlines the terms and conditions of a relationship between two parties. This relationship can be between individuals, organizations, or even nations. The purpose of any agreement is to establish an understanding of each party's responsibilities, roles, and expectations.Agreements can be formed in a variety of ways, but they typically involve some degree of negotiation and compromise. These agreements can be either verbal or written, and they can cover a wide range of topics, including employment, business partnerships, investments, and personal relationships. Regardless of the context, however, all agreements share a common goal: to establish a mutual understanding between parties and to ensure that both parties benefit from the arrangement.One of the most important aspects of any agreement is its enforceability. A legally binding agreement must be carefully drafted to ensure that all parties understand their obligations and that the terms of the agreement are fair and clear. If an agreement is not properly drafted or if it contains vague orambiguous language, it may not be enforceable, which can lead to disputes between the parties involved.When drafting an agreement, it is essential to identify key terms that will define the relationship between parties. These terms can include the duration of the agreement, the scope of the agreement, the responsibilities of each party, and the remedies available in the event of a breach. Once these terms are established, they must be clearly and precisely articulated in the agreement to ensure that they are enforceable.Another critical aspect of any agreement is its negotiation. Negotiating the terms of an agreement can be a complex and challenging process, as it requires both parties to identify their needs and preferences and to work collaboratively to find common ground. Effective negotiation requires effective communication, critical thinking, and a willingness to compromise, and it can play a crucial role in establishing a mutually beneficial agreement.In conclusion, agreements are an essential tool for establishing and maintaining relationships between parties. Whether in a personal or professional context, agreements can ensure that all parties understand their roles and obligations and can work collaboratively toward their shared goals. To be effective, however, agreements must be carefully drafted and negotiated, and they must be enforceable to ensure that both parties benefit from the arrangement. By focusing on these keyelements of agreement formation and implementation, parties can establish successful relationships that endure over time.。
agreement的意思
agreement的意思
"Agreement"是一个名词，表示双方或多方之间达成的共识、一致意见或合约。
它可以用于不同的领域和情境。
以下是一些常见的用法和含义：
1. 商业合同：在商业交易中，agreement通常指的是双方或多方之间签订的正式合同或协议。
这些合同规定了各方的权利、责任和义务，以确保各方按照约定履行合同。
2. 法律合意：在法律术语中，agreement指的是双方或多方之间达成的正式协议。
这些协议可以是口头的或书面的，对于法律诉讼和解决争议具有法律效力。
3. 政治协议：agreement也可以指政治实体之间的正式协议，例如国际合作协议、和平协议、贸易协议等。
这些协议旨在解决争端、促进合作并实现共同目标。
4. 同意或共识：agreement还可以表示双方或多方对某个问题达成的意见一致或共识。
这可能是在讨论、谈判或会议中达成的，以解决分歧或制定决策。
5. 合乎逻辑或一致性：在逻辑或语法上，agreement指的是句子中各个组成部分之间的一致性。
例如，在英语中，主语和谓语动词在人称和数上需保持一致。
agreement是指双方或多方之间达成的共识、一致意见或合约，在商业、法律、政治和语法等领域都有广泛的应用。
Contract与Agreement的区别
Contra ct 与 Agreem ent 的区别在英语中，合同一般称为Contr act，协议一般称为Agree ment。
何谓“contra ct”?1999年中国《合同法》第二条对co ntrac t定义为： A contac t in this Law refers to an agreement establ ishin g, modify ing and termin ating the civilrights and obliga tions betwee n s ubjec ts of equalfootin g, that is, betwee n natura l person s, legalperson s or otherorgani zatio ns”。
根据这一定义，合同平等主体之间设立的确定民事权利和义务的协议。
，Steven H. Gifts编著的“LawDictio nary”中将cont ract定义为“contra ct is a promis e, or a set of promis e s, for breach of whichthe law givesremedy, or the perfor mance of the w hichthe law in some way recogn izeasaduty.”根据这一定义，合同是一种承诺，违反承诺可以得到法律救助，某种意义上法律将履行该承诺看做是一种补偿。
L.B Curzon在其编撰的字典“ADictio naryofLaw”给contr act的定义：“Contra ct is a leg all y bindin g agreem ent”根据这一定义，合同就是有法律约束力的协议。
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Agreement1. tsinghua university has agreed to admit dr.______ (name)from_________(country) as a post doctoral researcher at school (college, institute, center, department) of ________.2. prof.________(name) as side a has been entrusted by president of school (college, institute, center, department) of______________in tsinghua university to sign this agreement with dr._________(name) as side b on the basis of friendly cooperation, and both sides will pledge to conscientiously fulfill all obligations stipulated in the agreement.3. the period of validity of the agreement will be from the day of_______(month), ____ (year) to the __?day of _____(month) ____ (year).4. side b will fulfill the following research agreed by both sides:title of research project(s):effects of oxygenated fuels on combustion and emissions inoptical engine.assignments and expected targets of the research project(s):study the effects of oxygenated fuels on spray, ignition, speed of flame propagation, temperature field and particulate field, and obtain useful information about how to reduce emissions from engines.5. obligations of side a:side a will provide side b with indispensable coworker, instruments for the latter’s research.side a will provide side b with research-related supervision and cooperation.under present conditions, side a will provide side b with convenience in the latter’s research, living condition.side a will introduce related instruments’ operation rules and regulations to side b.6. obligations of side b:side b should comply with the laws, decrees and relevant regulations enacted by chinese government, and should not interfere with chinese internal affairs, and should not involve in anyactivities that is not commensurate with the position of a post doctoral researcher.side b should observe the regulations enacted by side a.side b should complete the assignments in item 4 within the period in item 3. all research fruits achieved by side b supported by side a during the period should be side a’s intellectual properties, and side b’s publication about his/her research should be issued in the name of a post doctoral research of tsinghua university.side b should submit his/her research summary to side a before one to two months of expiration, give a presentation to academic committee and will be evaluated by fellow specialists about his/her research.7. salary(1) side b will receive ¥_______yuan(rmb) as hi s/her salary paid by side a monthly.(2) side a will not provide side b with any salary.(3) side b will receive his/her monthly payment of?¥______yuan in the form of scholarship supported by????????????.8. housingduring the period in item 3, side a will provide side b with a furnished apartment with a bathroom and a kitchen. side a will pay the rent for side b and side b will pay the other expenses such as coal gas , water and electricity supplies.9. medical carewithin the period in item 3, side a will transact a medical card of tsinghua university hospital for side b. with the card, the latter can see a doctor in the hospital, and should pay the expenses by himself/herself.when asking for a sick leave, side b should have a doctor’s certificate about his/her health condition.10. vacationwithin the period in item 3, side b can enjoy vacations such as winter vacation and summer vocation scheduled by tsinghua university.11. arrangement of childrenduring the period in item 3, side a will provide side b with the help for his/her children living in china to go to kindergarten or school.12. revision, cancellation and termination of the agreementboth sides should abide by the agreement and should not revise, cancel and terminate the agreement without mutual approval. if dissensions arise about the agreement, both sides should consult with each other and mediate any disputes.side a has the right to formally repeal the agreement reached by both sides under the following conditions:(ⅰ) side b does not fulfill the agreement or is not consistent with the stipulated obligations after side a has pointed out his/her wrong action.(ⅱ) the diagnosis about side b’s health shows that he/she can not continue his/her research after a thirty day sick leave.side b has the right to formally repeal the agreement reached by both sides under the following conditions:(ⅰ) side a has not provided side b with necessary research instruments and living conditions.(ⅱ) side a has not paid side b’s salary on schedule.13. after the expiration of the agreement, side b should move out the apartment offered by side a. if side b does not move out on time, tsinghua university will deal with the situation according torelevant regulations. and side b will bear all expenses he/she stays in china.14. the agreement will take effect after both sides’ signature, and it will become invalidation after the expiration in item 3.。