Depending on the matters referred to in the first paragraph, the legal opinion relates to a number of surrounding factors. For example, reference is made to the role of legal counsel in the underlying transaction or to a number of assumptions on which the opinion is based. Other factors relate to the documents reviewed and specific or local opinions on certain issues in the transaction. In each of these cases, these notices may be used for different purposes. You can, for example. B point out that a proposed approach is legal and that certain expected legal consequences are followed or that the proposed approach prevents certain undesirable outcomes. You can also confirm that some legal relationships have arisen; they can warn of undesirable legal risks, they can help resolve 129 textual uncertainties in a treaty; they may meet important contractual or legal requirements for the conclusion of a transaction, or defend against allegations of misconduct, etc. In short, legal advice can serve multiple purposes within and outside formal court proceedings. While the preliminary aspects and surrounding clauses are mostly the same, if not all, types of legal advice, this is no longer the case for the 135 substantive clauses.37 In this section, the content of the clauses depends on the subject matter of the notice, the nature of the transaction and the parties involved. Under the enforceability clause, an agreement can be obtained by recourse to a court51 An agreement can be legally binding without being enforceable, for example where a party is a State or an international organization that has not waived its immunity. The term “third-party effectiveness” can be used in different contexts. You will find an example of legal advice in English in the previous one: legal opinion: English borrower who has entered into an unsecured bilateral facility agreement.

In their submissions, lawyers generally indicate in what capacity they are acting and giving their opinion on behalf of the party. Often, the lawyer indicates his or her function as a general, special advocate or local lawyer or simply as an advisor to one of the parties to the transaction. The execution and delivery of the agreement does not contradict all these conditions, most of them are the American legal language….