executed, entered into, signed, made, concluded 的区别

executed, entered into, signed, made, concluded 的区别

In legal and formal contexts, the terms executed, entered into, signed, made, and concluded have nuanced differences when referring to contracts or agreements. Here's a breakdown:

1. Signed

• Meaning: The physical act of writing one's name on a document to indicate agreement.
• Usage: A signature alone may not always finalize a contract; additional formalities (e.g., witness signatures, notarization) might be required for full validity.
• Example: "Both parties signed the contract on March 1st."

2. Executed

• Meaning: Completion of all formal steps to make the contract legally binding, including signing, witnessing, and fulfilling preconditions (e.g., payment of a deposit).
• Usage: A contract is "executed" when it becomes enforceable, often after signatures and other requirements are met.
• Example: "The agreement was fully executed after the notary stamped it."

3. Entered Into

• Meaning: The point at which parties become legally obligated under the contract. This may align with execution or a later effective date.
• Usage: Often used to denote when obligations commence, especially if conditions precedent (e.g., regulatory approval) are involved.
• Example: "The treaty entered into force on January 1, 2023, following ratification."

4. Made

• Meaning: Formation of a contract through offer, acceptance, and consideration. This can occur orally or in writing.
• Usage: Refers to the creation of the agreement, even if not yet formalized in writing.
• Example: "The oral agreement was made during their meeting."

5. Concluded

• Meaning: Finalization of negotiations, marking the end of discussions and mutual acceptance of terms.
• Usage: Common in international contexts (e.g., treaties) but can apply to any finalized agreement.
• Example: "The trade deal was concluded after months of talks."

Key Differences

Overlaps and Contexts

• A contract can be signed and executed simultaneously if no further formalities are needed.
• Entered into often coincides with execution but may be delayed (e.g., future effective date).
• Concluded emphasizes finality of negotiations, while made focuses on the formation.

In practice, these terms may overlap, but their precise meanings depend on jurisdictional and contextual factors. Always consult specific contract language or legal advice for clarity.