Compromis Proper refers to an agreement between multiple countries seeking assistance from a third party to resolve a problem. This third party can be an arbitrator, a group of arbitrators, or an international court. It is similar to seeking help from a teacher or a parent to settle a dispute between you and your friend. There are two types of compromis proper: ad hoc compromis, where countries seek help for a specific problem, and general compromis, where countries agree to seek help for any future problems that may arise.
A compromis proper refers to an agreement between two or more countries to resolve a specific dispute by submitting it to an arbitrator, an arbitral tribunal, or an international court. It is also known as a special agreement or ad hoc compromis. For instance, if two countries have a disagreement over a border dispute, they may enter into a compromis proper to have the issue resolved by an international court. This type of compromis is a specific agreement between the two countries to resolve a particular dispute.
On the other hand, a general compromis is an agreement between countries to submit all or a definite class of disputes that may arise between them to an arbitral institution, a court, or an ad hoc arbitral tribunal. This can be achieved by concluding a general arbitration treaty or by including an arbitration clause in a treaty. For example, the United States and Canada have a general compromis in place that allows them to submit any disputes related to the boundary waters between the two countries to the International Joint Commission. This type of compromis covers a class of disputes that may arise between the two countries.
A Compromis Proper is a legal agreement between two parties to settle a dispute or legal matter outside of court.
A Compromis Proper is a formal and legally binding agreement, often drafted by legal professionals, whereas a regular compromise may be informal and not legally enforceable.
Any type of legal dispute or matter can potentially be settled through a Compromis Proper, including contract disputes, property disputes, and personal injury claims.
Yes, both parties must voluntarily agree to the terms of the Compromis Proper in order for it to be legally binding.
Yes, a Compromis Proper can be enforced in court if one party fails to uphold their obligations as outlined in the agreement.
A Compromis Proper should include the names of the parties involved, the details of the dispute being settled, the agreed-upon terms and conditions, and any consequences for non-compliance.
In some cases, a Compromis Proper may be amended if both parties agree to the changes. However, it is important to consult with a legal professional before making any amendments.
If one party breaches the Compromis Proper, the other party may seek legal remedies, such as damages or specific performance, through the court system.
No, a Compromis Proper is a settlement agreement between the parties, while arbitration involves a neutral third party making a binding decision on the dispute.
It is highly recommended to seek the advice of a lawyer when drafting a Compromis Proper to ensure that the agreement is legally sound and protects your interests.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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