one contract it is a bilateral solution that establishes a legal relationship between the parties involved. one agreement it is a voluntary agreement that is not bound by law.
There can always be an agreement without there being a contract, but for a contract to be carried out there must always be an agreement.
Unlike the agreement, the contract seeks to create obligations that can be legally modified, transferred or extinguished.
| contract | agreement | |
|---|---|---|
| meaning | Consent between two or more parties involved, which must be legally framed to become concrete. | Agreement between the parties regarding an issue in a context that does not require legality. |
| medium | written | Oral or written. |
| elements | ||
| legality | It is binding and subject to legislation. | It does not create any kind of legal commitment. |
| Context | It is generally carried out in business and in the work environment. | It usually occurs in a social or family context and in the educational field. |
| validity | It must be of mutual acceptance within the legal framework to be valid. | It only needs mutual acceptance to be valid. |
| examples |
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What is a contract?
The contract is a legally valid agreement where the parties involved establish rights and must fulfill certain obligations.
In order to be able to carry out a contract, it is not enough that the agreement is verbal, it must be presented in writing with the signature of those involved and be framed within the law to comply with it.
For this reason of legality, it is said that all contracts are agreements but not all agreements are contracts.
When one person makes an offer to another and the latter accepts it, it must be expressed by written i to register as a legal commitment so that the contract can exist.
Another fundamental aspect so that the contract can be carried out is that the parties involved must be capable in legal terms to be able to participate. This means they must have the mental capacity to understand the terms of the contract and be of legal age.
Types of contracts
In general terms, contracts could be classified into the following groups:
- explicit: describe in detail each of the terms used.
- implicit: the terms are left open to interpretation because they are known by the parties involved.
- bilateral: they establish the obligations and rights of the offeror and the offeree.
- unilateral: they only establish the obligations of one party.
Example of contract
Employment contract: the employer makes an offer to the worker where he requests services in exchange for monetary remuneration. In this case, the written contract is drawn up stipulating the obligations and rights of the parties, such as working hours, salary, holidays, days off, among other aspects.
What is an agreement?
An agreement is a pact or agreement of wills between two or more parties regarding a certain issue. This agreement can be reached verbally or in writing without requiring a legal framework.
When one person makes a proposal to another and the latter voluntarily accepts it, an agreement can be said to have been reached between the parties.
the agreements they are not determined by any lawwhich means that the terms and context of this agreement is established entirely by the parties involved.
Equally, compliance with the agreement will depend directly on the disposition of the people involved.
Agreements can be given in all kinds of areas because it does not require the fulfillment of specific conditions to be carried out. For that, any agreement that is not subject to law can be considered an agreement.
Type of agreement
Depending on the number of people participating in the agreement, this can be:
- bilateral: those involving only two interested parties.
- Plurilateral: where three or more parties participate.
In the educational field, the following types of agreement are usually carried out:
- framework agreement: when the institutions involved agree to cooperate in certain areas, such as joint research, the exchange of educational material or the exchange of teachers and students.
- Specific agreement: the institutions reach an agreement to strengthen complementary areas by carrying out previously detailed specific activities that may be academic, scientific or administrative.
Example of agreement
collective agreement: this agreement is usually given in the labor field, it links the representatives of the workers with the employers of a certain sector or company with the aim of regulating the existing working conditions.
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