The erroneous provisions of a contract can lead to the failure of the entire contract. To protect themselves from the failure of the entire contract, most of them contain a dissociability clause such as: “In the event that a part or provision of this agreement is declared totally or partially invalidated, illegal or unenforceable by a competent court, the rest of the party or provision and the agreement remain fully in force and effective. , remain mandatory and enforceable. Another provision that may exceed the law is the “transfer of rights and bond transfer” provision. If an attribution and delegation agreement is silent in Georgia, a party may cede its rights under the agreement and, in the absence of personal capacity, delegate its obligations under the agreement. However, as soon as an agreement contains a provision for attribution or delegation, it is likely that this provision will take control. This situation reinforces the impact that a provision of the contracting party can have on a contracting party. Had the parties assessed the effect of the deterrence clause of the agreement during the negotiations, they might have recognized that even if a substantial duration of the contract was declared unenforceable, the parties would remain bound to the rest of the agreement. This agreement binds and binds the parties and their respective licensees and approved beneficiaries. Sometimes contracts are entered into in favour of third parties who are not themselves parties to the contract. If so, the “party in the interest” clause should say who they are and what their rights are. If they are not gone, they may not have obligations, but they may have rights (in other words, two of my friends cannot sign a contract, not signed by me, which requires me to mow their lawn). Often, neither party wants third parties to have rights under the treaty.
If so, the “interest of the parties” clause should say so, as a general rule with a similar phrase: “There is no third party beneficiary under this agreement and the signed parties are the only parties in the interest.” In addition, contracting parties may wish to exclude transfers by applying the law in the agreement.