@ Conor 09:00 Jul 20, 2019
Hello, quick comment on your statement:
Enter into basically means to sign, but it does not mean, in most cases, that an agreement immediately takes effect.
Actually, no. Entering into a contract = creating a binding legal obligation. In most cases it does occur on signing the contract document, or it can occur orally: if X makes an offer ("I'll pay you $5000 for your car"/"Would you sell me your car for $5000?") and Y accepts it, the contract exists. What happens later, namely X giving Y the $5000 and Y giving X the car, is called performance of the contract.
The confusing bit is that in the law, the "contract" is an abstraction: it's the binding legal obligation itself, not the piece of paper that it's usually expressed on. Entering into a contract is the same thing as creating a binding legal obligation, because that's literally what "contract" means.
The parties here seem to have agreed, somewhat unusually, that despite signing a piece of paper about a contract, no actual contract will exist until A actually receives (encaisser) the agreed-upon advance payment from B. But unless a written contract actually says something like that, normally signing = contract. |