As we can see, the three terms reflect the idea of the agreement as it is used in legal texts. They are so closely related to one another that they are defined one after the other and can be used interchangeably depending on the context. 1. Contrato: from the Latin contractus. The Dictionary Real Academia Española (RAE) tells us that it is a written or oral agreement between parties related to a particular object or issue and who are obliged to respect it. A second meaning of the term is a document containing the terms of such an agreement. 2. Convenio: from the word suit in Spanish. The RAE tells us that this is a transaction, a convention or a treaty. 3. Acuerdo: from the verb acordar in Spanish. The RAE offers several meanings of this term: 3.
a decision rendered before the courts, businesses, municipalities or associated agencies; (3.b a deliberate decision taken by one or more persons; 3.c. agreement between two or more parties; 3.d. reflection or maturity in decision-making; 3.e. knowledge or sense of something; 3.f. Opinion, report, consultation; 3.g. use of the senses, understanding, clarity; etc. But now we want to highlight the differences between these notions. Convenio and acuerdo stress the right to freedom of contract; The idea of consensus is very clear. However, for some contracts that we conclude on a daily basis, accession contracts are more often used, which means that pre-printed contracts in which one of the parties decides on the relational conditions and the other can only (sign) the contract or not (the relationship is unfounded). In this case, there is no need to negotiate. We refer here to adhesive contracts (and not convenios or acuerdos).
This is currently one of the most widely used contracts. This summary of concepts can help us clarify the meaning of each of these words, but as translators, we should always respect the general meaning of the text by the author. First, let`s find out what an agreement really is. The Merriam Webster Dictionary contains the following definitions: 1.a. plot or consent; 1.b harmony of opinion, action or character: concord; 2.a. an agreement on how to proceed; 2.b. Compact, contract; 3.a. a duly executed and legally binding treaty; 3.b the language or instrument in which such a treaty is embodied. In the field of private law, we usually find counter-contracts within the framework of convenios, the voluntary agreement on the creation and transfer of obligations and rights. On the other hand, a convenio not only creates and transferes these rights and obligations, but also modifies or dissolves them. In the field of public international law, the term convenio or acuerdo is used instead of contrato.
Internally, we can distinguish that the contrato has a particular material objective, while convenio may have institutional objectives. In Spanish, there are several translations of the term into Spanish, namely: contrato, convenio and acuerdo. Now let`s analyze the definitions of these three terms:. . .