Among the legal terms, one of the most common is the “preamble”. Translated from Latin and French, the meaning of the word preamble is “standing in front of someone or something”, “coming in front”. If we talk about the legal meaning, then the preamble is the introductory, introductory, initial part of a legal document, of any act. Among the documents in the content of which it is, should include a declaration, international treaty, laws, civil law contracts, the constitution.
Functionality
The preamble of the contract contains the objectives, goals, principles of this particular document. In addition, it contains conditions, circumstances, other prerequisites, due to which the contract is created and signed. Thus, the preamble of the contract is the most important part of the relevant legal act. She also indicates the scope of regulations. According to it, the parties are entitled to conclude an agreement. In the document, according to the regulations, first the full names of the firms or institutions, organizations are indicated, then their abbreviations or abbreviated names. Under them, these organizations are mentioned and appear in the contractual texts “supplier such and such, buyer such and such”. This reduces bureaucratic delays and simplifies paperwork, because removes the need to write the full name of the collaborating parties each time.
The preamble to the contract requires a full and detailed spelling out of the names of all persons who sign the contract, their position, last name, first name, middle name. Further, the names of documents according to which these people have the right to sign this agreement are mentioned. Such permits are charters, regulations, powers of attorney, etc.
Heading enterprises, organizations, etc., have the right to conclude a contract based on the charter, without any power of attorney Other officials include deputy directors, chief engineers, vice presidents, etc. can do this based on the officially issued power of attorney issued by them from the management.
It is of fundamental importance for the conclusion of the contract that the signatories have a license allowing them to complete a transaction or other type of activity. The preamble to the contract contains a license number, it contains the series, date of issue, dates and places of validity, an indication of the authorities issuing this license.
Practical examples:
1. The preamble contains an indication of the persons or parties to the contract. The one who uses the services is named by the customer in the text of the contract. For example, a person who wants to buy or sell his property uses the services of a realtor. And the real estate office, its specific representative working with the customer, in the preamble is called the contractor. The Agency is a legal entity, and by law, only the executive body or that person specified in the charter can sign contracts, sign official documents of this kind. Other persons in this situation must present a power of attorney, a copy of which the client, i.e. customer retains. Without such a copy, in the event of any misunderstanding, it will be problematic to enforce the contract.
2. The so-called subject of the contract is prescribed in the preamble - the actions in the name of which the contract is concluded, the obligations undertaken by the contracting parties in this regard. Those. the realtor is obligated to the client to find a suitable buyer for his property during the sale or the right property for the purchase. For this service, the client is obliged to pay the real estate company a pre-agreed amount of money. Thus, both parties assume certain obligations, which is prescribed in the document in the relevant section. Another important point is the deadlines for which both parties must fulfill their obligations. They should also be specifically mentioned in the document or even specified in detail.
3. When preparing and signing documents, both parties need to be extremely careful not to miss any important nuances and subtleties, due to which later misunderstandings may arise.
Preamble to the Constitution
The basic law of the state - the Constitution - also contains a preamble in its text. So, the preamble of the Constitution of the Russian Federation prescribes the most significant and systematizing the entire text of the document of the position and position. This is a brief summary of the contents of this document.