Mutual agreement 10. Bilateral treaties

CONTRACTS

As often happens when agreements are not implemented, scheduled meetings will not take place. You are angry because of your own unreliability, but in most cases because of the unreliability of others. Mutual fulfillment of agreements, both in personal life and at work, is an essential prerequisite for us to feel confident in life and at work. Failure to comply with agreements leads to regular disruptions in the normal course of life, or, as we say in transactional analysis, to psychological games. Transactional analysis differs from other areas of humanistic psychology in that it contract-oriented.

We constantly conclude agreements on important transactions, working conditions, etc. A novice trader remembers very quickly that every contract consists of two congruent expressions of will. The contract is enforceable, and in most cases it is. We will try to explore human communication with each other in the aspect of “contracts”. Let's take a look at the situations that arise between people, according to the concept of transactional analysis, and understand them more clearly.

If you agree with a friend to meet in a certain place, then in the language of transactional analysis this already means an agreement. That is, you have come to a consensus that you will meet at a certain time and in a certain place. Strong friendship and good relationships are characterized by the fact that both parties adhere to the agreement, i.e. appear on time in the designated place. You, of course, know how annoying it is when someone does not fulfill an agreement. The situation is similar when a very busy husband agrees with his wife that they will have dinner at 19.00. If he does not arrive on time, then we can say with confidence that an unpleasant explanation with his wife (or a psychological game in the language of transactional analysis) is programmed.

It happens, however, that for various reasons the agreement cannot be fulfilled. In the case of the aforementioned spouse who is late for dinner, it may be that shortly before the end of the working day his boss called him in and engaged him in a long conversation. In this case, he undoubtedly splits into two: on the one hand, he has an important conversation with the manager, on the other, he must satisfy his wife’s requests. He unconsciously hopes for an understanding of his lateness, but his wife sees it completely differently. She put a lot of work into preparing dinner, which is getting cold, and thinks that all her work was in vain. She is irritated, a scandal is inevitable. What to do?

I believe that contracts must be fulfilled. If something happens and you cannot act as agreed, inform your partner and agree on a new agreement with him. But this agreement must be fulfilled in any case. In the case of the late spouse, the situation would look like this: he should have asked the boss whether their discussion would last until the end of the working day or longer. If it’s longer, he can call his wife, explain the situation and agree to reschedule dinner. If he cannot give an exact time, the agreement may sound like this: “Well, okay, we will have dinner together when I get home.” In this case, both deviate from the main agreement and immediately enter into a new agreement.

The matter ends in failure if someone does not fulfill their part of the agreement or, without asking the partner’s consent, does not take into account the agreement reached. It should be the rule that only compelling reasons can be a reason for non-compliance with agreements. Contracts must be respected! If new events do not allow you to fulfill the agreement, then you need to immediately inform your partner about it and “conclude” a new agreement with him.

Example

Project manager Lehmann receives the task of installing and putting into operation an electronic computer at his enterprise. To implement this task, a work schedule is drawn up. The first stage - determining the brand of the computer - should be completed on April 30. This is the deadline that project manager Lehmann and his boss Schulze agreed upon.

After contacting various computer suppliers, Lehmann comes to the conclusion that a number of other issues need to be coordinated with various departments of the enterprise. On April 20, he finally receives answers to all his questions from the departments. After repeated conversations with various computer suppliers, it turns out that they need three to four weeks to develop their proposals. On April 30, Lehmann was summoned by his boss Schulze and asked what proposals had been received from the supplying companies. Lehmann explains to him what problems he has encountered and says that it will take about three to four more weeks before he collects all the firms' proposals. Mr. Schulze becomes irritated, and an explanation occurs in a raised voice.

A good opportunity to prevent all this and fulfill the contract would be the following: project manager Lehmann should have contacted his boss Schulze on April 20 and described to him a situation that could not be predicted when discussing the timing of the project. He should have been told that it would take about three more weeks, and he guaranteed that by May 30 he would give the boss a proposal on which computer to buy.

Thus, the project manager would enter into a new agreement or contract with his boss and agree to convey new information to him.

You cannot unilaterally modify treaties or not adhere to them at all. If any changes are made or there is a desire to change something, you need to enter into negotiations with your partner and jointly conclude a new agreement. This is a reliable method of constructive communication.

If fulfilling contracts becomes a matter of course for you, then you will be seen as a reliable partner.

You will have stable partnerships and others will appreciate you.

Another reason why contracts or agreements are not kept is that the person does not fully agree with them. This is how agreements appear, which are then not fulfilled or the implementation of which turns into mental anguish. Therefore, it is necessary to analyze whether agreements are made taking into account all ego states.

Example

You have received an offer from your company to go work abroad and take on new responsibilities there. Try to take all your ego states into account when making decisions.

1. Adults-me

What, in my personal experience, speaks in favor of this proposal?

What from my previous experience tells me to refuse the proposed job?

What experience do my colleagues who are engaged in similar activities have in this area?

What have I heard about this so far?

How beneficial is this for me?

What flaws do I see in this proposal?

2. Parents-me

How compatible is my new activity with my ethical framework?

3. The Adaptive Child Self What makes me doubt? What fears or prejudices do I have? What am I unsure about?

4. Free child-me

What attracts me at first glance to a new task?

What gives you pleasure?

What makes you happy?

What is emotionally affecting?

Where does my heart lean? What do my feelings say?

5. Adults-me

If I process all the information from the parent-me and child-me states, what will my decision be after weighing the advantages and disadvantages of the new job?

At first glance, it seems that such an analysis requires a lot of time. But we constantly find that analyzing one's own behavior and the behavior of others takes a lot of time, but this time is well invested. Imagine how much time it takes to decide to buy new furniture, a new car, etc., and you will very quickly realize how carelessly or spontaneously we make decisions regarding our personality that can have serious consequences for our professional career. Considering the intensity of the emotional state in which we sometimes act, we can say that in this case there is an incomparably greater risk of making the wrong decision. Eventually you will come to the conclusion that the time it takes to become aware of all ego states is only a fraction of the time it will take you to correct a bad decision later.

1. OBLIGATIONS AND RIGHTS OF THE PARTIES

The Contractor undertakes:

1.1. Within the terms agreed by the Parties, provide Training Services to the Client in a proper manner, in accordance with the terms of this Mutual Agreement.

1.2. Do not disclose confidential information and data provided by the Client in connection with the execution of this Mutual Agreement.

The performer has the right:

1.3. Use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Mutual Agreement.

1.4. Require from the Client timely and full payment of the cost of the Services in accordance with the terms of this Mutual Agreement.

The client undertakes:

1.5. Timely and fully pay the Contractor the cost of the Services provided.

1.6. Provide the Contractor with all the information and data necessary to fulfill its obligations under this Mutual Agreement.

1.7. Do not disclose confidential information (name, personal account password) and other data provided by the Contractor.

1.8. Do not distribute training materials and other data provided by the Contractor.

The client has the right:

1.9. Require the Contractor to fulfill its obligations under this Mutual Agreement on time and with proper quality.

1.10. Refuse to comply with the terms of this Mutual Agreement if the Contractor does not begin to fulfill its obligations.

1.11. If the client is not impressed by the teacher during the training, he has the right to ask the School Administration to transfer him to another teacher. The transfer is carried out after the client’s request sent to the Administration, analysis of the current situation and selection of a suitable candidate.

2. CONDITIONS FOR CONDUCTING AND TRANSFERING CLASSES

2.1. The client according to the class schedule through his Personal Account located on the school website connects to the Virtual Classroom. At the same time, to transmit sound, a connection is made via Skype to the teacher and the group (a call will be made to him at the set time).

2.2. If the Client is not available for a call at the set time, the Contractor repeats attempts to contact him within 15 minutes. If, as a result of the above procedures, it is not possible to contact the Client, the lesson is considered completed and is subject to payment in the amount of 100%.

2.4. In the case of individual lessons, the client can reschedule or cancel a lesson by notifying his Teacher via Skype (call or message) at least 24 hours in advance, but no more than 2 times during four weeks of training.

In case of untimely notification of postponement or cancellation, the lesson is considered to have taken place and is subject to payment in the amount of 100%.

2.5. In the case of group classes, rescheduling or canceling the class is not possible.

2.6. If at the set time plus 15 minutes the Client does not receive a call via Skype from the teacher, he must inform the Administration by phone or email.

2.7. Classes that did not take place due to the fault of the Contractor are postponed to another time convenient for the Client.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The cost of the Contractor's services and possible payment methods are published on the website at: . The cost of the Services is indicated taking into account all necessary taxes and expenses of the Contractor as part of the provision of the Services.

3.2. Payment for Services under this Mutual Agreement is made for every four weeks of training on the basis of one hundred percent prepayment. If there are no funds in the student’s account, the Contractor has the right to refuse to conduct the scheduled lesson.

3.3. Money for unused Lessons is non-refundable.

3.4. The cost of Services may vary depending on market conditions. The Contractor cannot change the cost of the paid part of the services for a specific Client if he has already accepted the Contractor’s terms and conditions and paid for the training in the manner prescribed by this Mutual Agreement.

3.5. The moment of payment is considered to be the receipt of funds into the Contractor's account.

3.6. The client bears full responsibility for the accuracy of the payments he makes.

There are two types of NDA:

Another type of NDA is a mutual agreement. Mutual agreements are very similar to unilateral agreements, but both parties will provide confidential information. This type of agreement is common when firms are considering some kind of joint venture or merger.

Example: The parties are preparing for negotiations aimed at concluding a long-term contract. These negotiations involve the exchange of information that constitutes a commercial secret. To ensure confidentiality, the parties first of all enter into an agreement on non-disclosure of confidential information. In principle, negotiations may end in fiasco, and the main agreement will not be concluded. Or the parties will come to an agreement and enter into a basic contract. In both cases, confidential information of the parties will become known to a certain number of employees participating in the negotiations. A non-disclosure agreement will act as a legal mechanism to protect trade secrets.
The main purpose of an NDA is to make the party at fault for disclosing the confidentiality obligated to compensate the innocent party for the losses. If made public, the contract serves as the legal basis for a claim for damages.

Another important feature is that, in accordance with the non-disclosure agreement, the parties undertake the obligation not to disclose confidential information received by them in the context of business relations. It is generally accepted that the obligation of non-disclosure only arises in relation to truly confidential information. This does not affect the right of the parties to disclose information obtained from open public sources.

The confidentiality agreement usually remains in force until the conclusion of the main agreement and is replaced by a corresponding clause in the new basic agreement. But in principle, it can be valid for the entire duration of the cooperation of the parties.

The consequences for failure to comply with the NDA depend on the type of violation. Usually, if you simply forgot to erase a file, then there is no damage to the company. If you forgot to erase a file and someone got it, the information surfaced and there is damage (i.e. there is a breach of NDA) - then the owner of the information can go to court (99.9% of NDAs contain this clause) for compensation for damage caused by the publication of this information. This can be not only a loss (direct or indirect), but also damage to the goodwill (i.e. indirect losses).

The severity of the consequences is determined by the court if you cannot reach an amicable agreement with the owner of the information. The fact of failure to fulfill a clause of the contract is “punishable” only by a court decision, which can oblige you to fulfill your obligations.
NDA enforcement is an almost impossible task. More often it will be more expensive to find the source of the leak, as well as to file a lawsuit, wait for its decision, etc., than to forget and forget.
Therefore, in most cases, the point of an NDA is not that it will 100% protect against disclosure of information. The point is that employees who signed the NDA will think and understand what to bring to the smoking room during conversations and what not.

Below are typical NDA examples.

First example Second example Third example

Preliminary, main and additional agreements

A preliminary contract is not mandatory and represents an agreement between the parties to conclude a main contract in the future (the result of pre-contractual negotiations). The main contract directly gives rise to the rights and obligations of the parties. Additional agreements are concluded in pursuance of the main agreement and have a close connection with its subject.

Named and unnamed

A named agreement is an agreement that is directly designated in the Civil Code (for example: a purchase and sale agreement), an unnamed agreement is an agreement to which there is no direct reference in the Civil Code (for example: an outsourcing agreement).

Real and consensual

A real contract - to conclude it is necessary not only the consent of the parties, but also the transfer of the subject of the contract (for example: a loan agreement), a consensual contract - it is sufficient for the parties to agree on all the terms of the contract that are named in the legislation or defined as essential (for example: a purchase and sale agreement). A real contract is valid from the moment the thing is transferred, a consensual contract is valid from the moment it is signed by the parties.

Simple and mixed

A simple contract consists of agreements on one subject; a mixed contract may include features of several contracts at the same time.

Paid and gratuitous

A compensated agreement involves counter-compensation by the other party (purchase and sale agreement), a gratuitous contract - without receiving counter-compensation (donation agreement).

Bilateral and multilateral

Bilateral - where there are two parties as participants; in a multilateral agreement there can be more than two participants. An agreement concluded in favor of the direct parties to the agreement and an agreement concluded in favor of third parties. An agreement concluded in favor of the parties to the agreement - the right to demand execution of the agreement belongs only to the parties specified in the agreement. An agreement drawn up in favor of third parties - the execution of the agreement takes place in favor of the person specified in the agreement who is not a party to the agreement.

Mutual

Mutual contracts - where rights and obligations arise from two parties mutually to each other. These include the vast majority of contracts concluded in business activities.

Public and non-public

A public contract is an agreement that must be concluded with everyone on the same terms. One of the parties is necessarily a person carrying out business activities (for example, buying and selling in a store).

Mutually agreed upon agreements and accession agreements

Mutually agreed upon agreements are agreements in which the participants mutually agreed on rights and obligations. Connection agreement - the terms of the agreement are determined only by one of the parties (for example: an agreement on the provision of communication services).

8) Inheritance - transfer of property, rights and related obligations of the deceased person (testator) to other persons (heirs).

The complex of property, rights and obligations received during inheritance is called inherited property, inheritance mass, inheritance. The inheritance of the deceased passes to the heirs in the order of universal succession, that is, unchanged as a single whole and at the same time.