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  1. #1
    ostap77 is offline Key Member
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    Default first implement adn then execute

    If both parties involved reached an agreement, first it's implemented and then it needs to be executed? Can I say that a company executes an agreement? Can I say that the authorities execute all provisions indicated in the draft or execute all fomalities before implementing the law?
    Last edited by ostap77; 23-Mar-2011 at 09:53.

  2. #2
    Route21's Avatar
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    Default Re: first implement adn then execute

    Hi ostap77

    The confusion arises from the various meanings of the English word "execute" (even in Law!):

    See: execute - definition of execute by the Free Online Dictionary, Thesaurus and Encyclopedia. - particularly items 7 and 8 below.

    execute [ˈɛksɪˌkjuːt]vb (tr)
    1.
    (Law) to put (a condemned person) to death; inflict capital punishment upon
    2. to carry out; complete; perform; do to execute an order
    3. to perform; accomplish; effect to execute a pirouette
    4. to make or produce to execute a drawing
    5. (Law) to carry into effect (a judicial sentence, the law, etc.); enforce
    6. (Law) Law to comply with legal formalities in order to render (a deed, etc.) effective, as by signing, sealing, and delivering
    7. (Law) to sign (a will) in the presence of witnesses and in accordance with other legal formalities
    8. (Law) to carry out the terms of (a contract, will, etc.)

    As you can see from the above, the signing of a will/contract and subsequently carrying out the terms of the will/contract are both covered by the term "execute".

    To avoid confusion, I would rather break up the Agreement phases into:
    The bidding/negotiation phase
    Signature of the parties concerned confirming the Agreement
    Subsequent Implementation of the Agreement.

    Hope this helps
    Best regards
    R21

  3. #3
    ostap77 is offline Key Member
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    Default Re: first implement adn then execute

    Quote Originally Posted by Route21 View Post
    Hi ostap77

    The confusion arises from the various meanings of the English word "execute" (even in Law!):

    See: execute - definition of execute by the Free Online Dictionary, Thesaurus and Encyclopedia. - particularly items 7 and 8 below.

    execute [ˈɛksɪˌkjuːt]vb (tr)
    1.
    (Law) to put (a condemned person) to death; inflict capital punishment upon
    2. to carry out; complete; perform; do to execute an order
    3. to perform; accomplish; effect to execute a pirouette
    4. to make or produce to execute a drawing
    5. (Law) to carry into effect (a judicial sentence, the law, etc.); enforce
    6. (Law) Law to comply with legal formalities in order to render (a deed, etc.) effective, as by signing, sealing, and delivering
    7. (Law) to sign (a will) in the presence of witnesses and in accordance with other legal formalities
    8. (Law) to carry out the terms of (a contract, will, etc.)

    As you can see from the above, the signing of a will/contract and subsequently carrying out the terms of the will/contract are both covered by the term "execute".

    To avoid confusion, I would rather break up the Agreement phases into:
    The bidding/negotiation phase
    Signature of the parties concerned confirming the Agreement
    Subsequent Implementation of the Agreement.

    Hope this helps
    Best regards
    R21
    At the end of option eight is etc. Can I use it with an agreement? You implement it but the authorities have stick to it so it has an impact on citizens. Do they execute it? What verb would you use ?

  4. #4
    bhaisahab's Avatar
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    Default Re: first implement adn then execute

    Quote Originally Posted by ostap77 View Post
    At the end of option eight is etc. Can I use it with an agreement? You implement it but the authorities have stick to it so it has an impact on citizens. Do they execute it? What verb would you use ?
    I would "implement an agreement", I wouldn't "execute an agreement".

  5. #5
    probus's Avatar
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    Default Re: first implement adn then execute

    "Execute an agreement" is legal jargon for sign, date and possibly seal and stamp a written memorandum of the agreement.

  6. #6
    ostap77 is offline Key Member
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    Default Re: first implement adn then execute

    Quote Originally Posted by probus View Post
    "Execute an agreement" is legal jargon for sign, date and possibly seal and stamp a written memorandum of the agreement.
    So it would be to subsequently implementl an agreement?
    Last edited by ostap77; 23-Mar-2011 at 21:23.

  7. #7
    probus's Avatar
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    Default Re: first implement adn then execute

    The agreement is the agreement -- it cannot be executed as bhaisahab said, only carried out or implemented.

    Executing is just signing the paper. People sometimes do what they promised to do in writing, and sometimes not.
    Last edited by probus; 23-Mar-2011 at 22:24.

  8. #8
    ostap77 is offline Key Member
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    Default Re: first implement adn then execute

    Quote Originally Posted by probus View Post
    The agreement is the agreement -- it cannot be executed as bhaisahib said, only carried out or implemented.

    Executing is just signing the paper. People sometimes do what they promised to do in writing, and sometimes not.
    Thanks a bunch!

  9. #9
    Route21's Avatar
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    Default Re: first implement adn then execute

    Hi ostap77

    As per my earlier post:

    7. (Law) to sign (a will) in the presence of witnesses and in accordance with other legal formalities
    8. (Law) to carry out the terms of (a contract, will, etc.)

    As you can see from the above, the signing of a will/contract/agreement and subsequently implementing the terms of the will/contract/agreement are both covered by the term "execute". The actual meaning in each case is determined by the context.

    A contract is just one form of an agreement - there are many others, such as a Memorandum of Understanding, Letter of Intent, Purchase Order etc.

    Best regards
    R21

    PS There are some cynics around that say ambiguities in Contracts/Agreements are what keeps the legal profession in business!

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