The notion of compromise comes from Avenir: agree, events. Agreement, therefore, is an agreement, an arrangement or an agreement that can have different scopes according to the context.
In its broadest sense, compromise involves two or more parties agreeing to something. In the specific field of law, a settlement is the agreement reached by the parties in dispute before the issuance of the judgment of the judge or court. Cicero always gave the recommendation to appeal to the agreement of the litigants, regardless of whether this entailed the sacrifice of any of their rights; it was based on the fact that in this way an expression of generosity took place that could sometimes be beneficial to both parties.
The well-known saying “a bad agreement is better than a good sentence” is related to these ideas of Cicero, and can be interpreted in the following way: sometimes compromise is preferable to leaving decision – making in the hands of Justice, since even when the judgment suits one of the parties involves a large investment of money and time. Furthermore, the compromise in a case like this can serve to remind us that there has not always been an organized system to look out for us and that, therefore, we should not depend on it.
According to DigoPaul, continuing in this same context, the agreement is established when the parties are willing to resign certain issues to establish the agreement that unites them. If they remain intransigent, they will have to wait until the judgment of Justice arrives, which can be favorable or unfavorable. Beyond this, waiting for the conclusion of the legal process can mean a significant outlay of money, as well as taking a long time.
In everyday language, the idea of compromise is linked to conformity or acceptance. For example: “With the agreement of the owner of the company, the workers left earlier to go to celebrate in the plaza”, “How do you think of going on a trip without my agreement? You’re still a minor! ” , “I’m sorry, but I can’t publish the research without the editor’s agreement. “
When someone agrees to something or someone, they are giving their approval or expressing their approval. If a person comments that a teenager attended a rock concert with the agreement of his parents, he refers to the fact that the young man had the authorization of his parents to enjoy the show in question.
The concept of settlement is also linked to conciliation acts, which can only be processed before the Courts of the Peace or First Instance of the domicile of the defendant. If the latter is a legal person, then those of the domicile of the other party (that is, the plaintiff) will also have jurisdiction, although for this it is necessary that there be an office, branch or delegation there with attention to the public and that it does not harm the relevant jurisdiction of the dispute.
The conciliation act is developed as follows:
* The applicant begins by exposing your cause and manifest with all the basics that has to support your claim;
* the defendant answers in the way he considers appropriate. As well as the other party, you have the possibility to present the evidence that supports your statements;
* after the reply, if the interested parties so wish, they can reply and counter-reply;
* if there is no agreement between the plaintiff and the defendant, the Justice of the Peace or the judicial clerk will try to settle them;
* in the case of not reaching a compromise by any means, then the act is terminated;
*If they reach an agreement, the Justice of the Peace or the Judicial Secretary intervene again to give their approval and agree that the documents should be filed.