This agreement constitutes the whole agreement between the parties with respect to the purpose of this agreement. This agreement (including all exhibitions and schedules) represents the total agreement of the parties. This agreement replaces all other written or written agreements or policies relating to the purpose of this agreement and constitutes full acceptance by the parties of the purpose of this agreement. In the event of a conflict or different interpretation of the contract or any of its clauses, a court may obtain documents or statements exchanged by the parties during the negotiation phase in order to settle the dispute. The Anglo-Saxon contracts are very similar to those of Spanish, but they have some peculiarities. It also recalls the role of good faith in our contract law: “Finally, the full contractual clause does not prevent it from being included in the measure required by good faith (art. 1.258 ZK) or “deviation from the applicable law.” One of them is the clauses of the boil platform, and these, which we are going to talk about today, are one of them. Sometimes these clauses are longer and explicitly state that, in the case of other previous agreements or contracts signed by the parties on the same subject, they become invalidated, because the content of this new contract must prevail over everything they have agreed beforehand. As in this example: . On this blog, we have already talked about these clauses (here: The “Boilerplate” clauses in the contracts).
That`s why we don`t go too far. “This contract (including its appendices and attached documents) is the full approval of the parties who sign it.” Of course. Under the principle of contractual freedom, contracting parties can agree on what they want as long as it does not break the law (i.e., as long as it is not contrary to law or public order). Professor Carrasco (civil law lessons.