In the area of private law, we usually find contracts within the framework of convenios, that is, the voluntary agreement for the creation and transfer of obligations and rights. On the other hand, a convenio not only creates and transfers these rights and obligations, but alters or dissolves them. As we can see, the three concepts reflect the idea of the agreement as it is used in the legal texts. They are so closely linked that one is defined directly after the other and can be used interchangeably depending on the context. Let`s start by finding out what an agreement really is. In the Merriam Webster Dictionary, the following definitions are provided: 1.a. the act or fact of consent; 1.b. Harmony of opinion, action or character: concord; 2.a. regulations on the procedure to be followed; 2.b. compact, contract; 3.a. a duly executed and legally binding contract; 3.b the language or instrument that embodies such a treaty.
1. Contrato: from the Latin contractus. The Real Academia Espa`ola (RAE) dictionary tells us that it is a written or oral agreement between parties related to a specific object or material and required to respect it. A second meaning of the word is a document that contains the terms of such an agreement. 2. Convenio: from the word appropriate in Spanish. The RAE tells us that it is a liquidation, an agreement or a contract. 3. Acuerdo: from the verb acordar in Spanish.
The RAE offers several meanings of the term: 3. a resolution made in court, businesses, communities or related agencies; 3.b a deliberate resolution by one or more persons; Three.c. Agreement between two or more parties; 3.d. reflection or maturity in decision-making; 3.d. Knowledge or sense of something; 3.f. opinion, report, deliberation; 3.g. Use of the senses, understanding, clarity; Etc. This synthesis of concepts can help us clarify the meaning of each of these words, but as translators, we must always respect the general meaning of the text.
In Spanish, there are several translations of the term into Spanish, namely: contrato, convenio and acuerdo. But now we want to highlight the differences between these terms. Convenio and acuerdo emphasize the right to contractual freedom; the idea of consensus is very clear. However, for some contracts that we sign every day, liability contracts are used more often, i.e. pre-printed contracts in which one party decides the terms of the relationship and the other party can (sign) only the contract (the relationship is not defined). In this case, there is no room for negotiation. Here we refer to adhesien contracts (not convenios or acuerdos). It is currently one of the most commonly used contracts. In the field of international public law, the term convenio or acuerdo is used instead of contrato.
Internally, we can distinguish that contrato aims for a certain material purpose, while convenio may have institutional objectives. Let us now analyze the definitions of these three terms.
