However, due to the complexity of business projects and transactions, it is best to establish a written contract when you have a joint venture. Like all other treaties, the common treaties are subject to the provisions of the Statute on Fraud. This means that some contracts (such as. B the sale of real estate) must be in writing. Common promises and several can exist if a promiser promises to pay two promises a certain amount of money. Promises are common and several promises or commitments, and the promiser has the duty to pay. These two commitments are entitled to the fulfillment of the promise together and separately, even if only one promise is made to two people. Each of the common debtors in a contract has the power to remove the promiser from the obligation. If the promiser pays a promise, this payment serves to lighten the liability of the promiser of the contract.
The promised who has not been paid must not force the promiser to pay it, because the promiser has been discharged by the payment to the promising other. However, the unpaid promise may require a contribution from the commitment that has been paid. The parties must enter into joint ventures of their own free will. When drawing up a joint contract, the contracting parties must express their intention to participate voluntarily in the business relationship and to accept all the conditions of the joint venture. The consequence of a mutual agreement must be an appropriate deduction from all the circumstances and relationships envisaged by the parties at the time of the conclusion of the contract or necessary for the truth of their intention. There is no tacit promise if the relationship between the parties prevents the conclusion of a treaty. Commitments are jointly and severally liable when the promises, both as entities and individually, promise to pay or comply with the contractual conditions. Unilateral error Normally, a unilateral error (i.e. A party error) is not a basis for avoiding a contract, but a contract containing a typing error can be corrected. A contract can be avoided if the value error is significant in what is to be exchanged or if the error was caused by the other party or if it is known. Unilateral errors often occur when a contractor makes an erroneous bid for a public contract. If such an offer is accepted, the contractor may avoid the contract only if the contract has not been performed or if the other party can be placed in the position it held before the contract.
If the error is obvious, the treaty is not applied, but if it does not matter, the contract is maintained. The error must consist of a spelling error or a miscalculation, since an error of assessment does not allow a contractor to avoid a contract. The courts cannot establish a contract for the parties. If the parties do not have an explicit or tacit agreement on the essential terms of a contract, there is no contract. Courts are only empowered to enforce contracts for the parties, not to write them down. A contract to be enforceable must be valid. The role of the Tribunal is to enforce agreements only if they exist and not to create them by imposing conditions that the Tribunal deems appropriate. A joint venture contract generally describes and addresses all of the above points in detail….