Side Letter Agreement Traduccion
“Side letters” differ from the schedules in that they are not part of the main contract, but are even physically separated. In addition, the annexes bind all contracting parties to the treaty and the letters may be accepted by the intervening parties. In the case of the Adendas, the same applies: they concern all parties to the main contract and the letters can only be signed by them. In order for the “letter of page” to be binding, it is advisable to clarify it and it may be advisable to erect it as a public act, unless there is an interest in preserving confidentiality. In the right of comparison, the case of Barbudev vs. Eurocom Cable Management, reached in London on 17 July 2011, from which the most important points are drawn to obtain a “letter of page” related to the parties: and what is surprising is that this short document, which is written in the blink of an eye, the most sensitive “letter of page”. , at the last moment, with its editors in general already reduced, in a few lines … And sometimes they often contain delicate assertions that approach the border between the legitimate and the illegal, at the border between civil and criminal cases.- Confidentiality: “side letters” can allow the parties to keep secret certain aspects of their relationship with third parties. As a result, secret information that may be confidential or any party with access to the contract on which the letter is based may remain confidential. 1.- Use clear language to express commitments and duties rather than intentions. 2.- Express the consensus already produced and avoid language that leaves the door open to future negotiations.
3.- Avoid doubts about terms and conditions. 4.- Prevent further changes. 5.- Set its own commitment character on the sender note. 6.- Signs of all parties. “Letter of page” is a figure of Anglo-Saxon law and there is no regulation in Spanish law. In Spain, there is no specific legislation and there has been no delimitation of its characteristics according to the case law. The supreme court`s decision of January 9, 2015 and the Barcelona Provincial Court decision of March 10, 2015 use the term “subsidiary letter” but give no indication of its legal form.