Among legal terms one of the mostcommon is the "preamble". Translated from Latin and French, the meaning of the word preamble is “in front of someone or something”, “going ahead”. If we talk about the legal meaning, the preamble is the introductory, introductory, initial part of the legal document of an act. The number of documents in the content of which it is, should include a declaration, an international treaty, laws, treaties of civil law nature, the constitution.
Functionality
The preamble of the treaty contains the objectives, goals,principles of this particular document. In addition, it records the conditions, circumstances, other prerequisites, due to which the contract is created and signed. Thus, the preamble of the treaty is the most important part of the relevant legal act. It also indicates the scope of the regulations. According to it, the parties have the right to conclude an agreement. In the document, according to the regulations, first indicate the full names of firms or institutions, organizations, then their abbreviations or abbreviations. Under them, these organizations are mentioned and appear in the contractual texts “supplier of such and such, buyer of such and such”. This reduces bureaucratic delays and simplifies paperwork, because removes the need to write the full name of the cooperating parties each time.
The preamble of the treaty requires full and detailedprescribing the names of all persons who sign the contract, their position, surname, name, patronymic. Further, the names of the documents, according to which these people have the right to sign this contract, are necessarily mentioned. Such permits are statutes, regulations, powers of attorney, etc.
Conclude an agreement, based on the charter, without anypowers of attorney have the right managers of enterprises, organizations, etc. Other officials are deputy directors, chief engineers, vice presidents, etc. they can do this on the basis of official powers of attorney issued to them by the management.
Fundamental importance for the conclusion of the contractIt has a license for the signatories to allow the execution of a transaction or other type of activity. The preamble of the contract contains the license number, it contains the series, date of issue, dates and places of action, an indication of the authorities that issued the license.
Practical examples:
one.The preamble contains an indication of the person or party to the contract. The one who uses the services in the text of the contract called the customer. 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 performer. An agency is a legal entity, and according to the law, only the executive body or the person specified in the charter can sign such official documents. Other persons in this situation must submit 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 achieve the execution of the contract.
2The preamble spells out the so-called subject of the contract - the actions in the name of which the contract is concluded, the obligations assumed by the contracting parties on this matter. Those. the realtor is obliged to the client to find a suitable buyer for his real estate when selling or the desired option of real estate when buying. For this service, the client is obliged to pay the real estate company a predetermined amount of money. Thus, both parties undertake certain obligations, which is prescribed in the document in the appropriate section. Another important point is the time frame for which both parties must fulfill their obligations. They should also be specifically mentioned in the document or even specified in detail.
3When drafting and signing documents, both parties need to be extremely careful not to miss any important nuances and subtleties that may cause misunderstandings later.
Preamble of the Constitution
The fundamental law of the state - the Constitution - is alsocontains in its text the preamble. Thus, the preamble of the Constitution of the Russian Federation prescribes the most significant provisions and positions that systematize the entire text of the document. This is a kind of brief summary of the contents of this document.
