The decision stressed the importance of a broken-down distinction as follows: the precondition is a fact that must exist or must not exist before a contract is concluded. If these conditions are not met, the contract is null and for all. An alliance is a promise to do or not to do something. If he is violated, the person who violates the promise is liable for the financial damages. Title pacts are covenants bearing an deed or title in which the stockholder gives certain guarantees to the stockholder. [5] Competition bans in the United States are also characterized as restrictive alliances. An explicit alliance is clearly agreed between all parties and incorporated into the acts. There is no particular form required to create an explicit alliance, but phrases such as “I agree,” “I commit” and “I commit” are all considered a language of the federal treaty. Confederation can be negative or positive. A negative confederation is a confederation in which property owners are not able to carry out a particular activity, for example. B to block a scenic view.
A positive confederation is a confederation in which landowners must actively carry out a particular activity, such as.B. maintain the lawn properly or pay a proprietary association fee for environmental maintenance. In addition to “alliance agreements,” there are also positive alliances and negative alliances. Covenants must be formed by deed or under lock and key. No specific words are required, but the Confederation must detail the intentions of the parties with respect to the purpose of the contract. Land-use planning is often done through the use of alliances. Alliances facilitate the creation of certain types of neighbourhoods as part of a neighbourhood plan. For example, a developer could buy back empty land and divide it into building land. Undified land, which the developer then sells with a series of restrictive guarantees, is paid at a low price. The developer may stipulate in the sale agreement that the owner must retain the original size of a land.
Developers can also accept homeowners that homes built on land must be larger than a certain size and include other specifications to ensure that this property will more than likely sell at premium prices, because the neighborhood is desirable.