The date of the contract is usually written on the cover and the first page of the contract (although there is no legal obligation to do so). In general, this is the date on which the last party signed the contract. This date is generally the date that both parties consider to be the date on which the contract was entered into force, unless there is an otherwise defined “date” or “effective date.” If there is a date at the beginning of the contract that is not the date of the last signing, this may lead to confusion or interpretation if the contract has actually started. However, the date on the front of the treaty cannot necessarily be considered the effective date of the treaty. It depends on the intent of the parties and whether the other elements of contract formation are fulfilled (these are offer, acceptance, reflection, intention to create legal relationships and security of conditions). The effective date is when your obligations described in the treaty begin. If you do not comply with your contractual obligations after that date, the other parties can now sue you for breach of contract. It is important to respect the treaty`s effective date, as you need to know when your commitments begin. We cite a few examples of the start of a conditional contract and the termination of contracts under preconditions. There are some interesting legal points that arise from the ability to have a date backdated. Perhaps the most common form of backdating is “from” the date.
Often, the start of a contract indicates that it is concluded “from a specific date.” The use of the term “ab” should be a red flag, which is not necessarily the date the contract was signed. Rather, it is a time when the parties have agreed that their contract will come into effect. The “date” may be before or after the actual signing date. “Reflection” simply means that the agreement must involve an exchange of values between you and the other party concerned. Reflection is important because a party can say, without exchange of value, that the agreement was more of a gift than a legally enforceable contract. Such a discrepancy is often due to logistics. If z.B. the closing date of a reservation expires one or two days from the scheduled date, parties may prefer not to change the date in each booking letter. And if one party signs a contract on a certain day and then mails the contract to the other party to sign, the date of the introductory clause could be the date on which the first party signed or another date.
Knowing the difference between the two data is essential to ensure that you process your contracts correctly.