The seller heress and transfers to the reference date and, as a result, the buyer hereshes and accepts the shares on the reference date. Contrary to what has happened or here, you should not replace it with this agreement: it is usually the sentence in question and not the agreement as a whole. Many signatories use an agreement, wherever the parties agree to something (!). A more targeted use of the word, booking for certain contexts, would be appropriate. Editorial practice. In a framework or framework contract, the issue of the property mentioned above would generally be avoided by asserting sales and delivery obligations in an order (in the contract itself). Several jurisdictions require that additional formal requirements be met for the determination of certain (property) rights (for example). B a notarized deed – comparison requirement (iii) above). In such cases, the word is superfluous. Legal considerations. The word must be used with care, because the legal effect could be involuntary: in countries under Roman law, the conclusion of a sale (i) requires a “valid title” (or legal reason) for the transfer of rights or property, such as the agreement of the parties to a sale or licence, (ii) a “patrimonal agreement” for these rights or assets to be effectively transferred. and (iii) the completion of transfer formalities in accordance with existing legislation.
For the actual transfer, the applicable legal formalities must be completed; it may be a notarized transcript (for shares or land) or simply the delivery of the product. As a general rule, the provision containing the word would apply under the applicable law as a title (valid) for the transfer (i.e. the requirement (i)) and may also embody the conjugal agreement (i.e. the requirement (ii) ]. The criterion of the division of the EU is whether a) the marriage agreement is a separate transfer obligation or b) if it “resides” already in the requirement of the agreement of the party on the title (valid). The first teaching (a) considers interparty consent as an element and requires an additional act (possibly reflected in the same contract) for the erga omnes effect.