In witness whereof, the undersigned who has caused this Agreement to be executed may read: “I confirm that I have executed it”. The expression in the document means that a person who signs the legal document confirms the content of the document. The clause in urb usually appears at the end of a contract just before the contract signing page and can be written in different ways. The most common use of the testimonial clause is “witness,” a kind of testimony to testify to it. Eventually, over time, the clause became standard language in a contract between private parties to confirm that they acknowledge that they are signing a legal contract. The introductory words of the final clause in the documents: “In witness whereof, the said parties have hereby put their hands”, etc. A translation of the Latin expression “in cuius rei testimonium”. In commercial transactions and commercial contracts, testimonials do not bring value and do not convey significant intent. We will examine its meaning, the history of the term, the different variants of the term, its use in contracts, alternatives, etc. As an alternative to Urkund, you can also use simple English to convey the same meaning. What are the alternatives to the witness clause? The statement in Urkun that the parties caused the execution of this agreement is an old way of saying that the parties agree to be bound by the terms of the agreement. Essentially, testimony can be understood as meaning “proving their consent.” In most contracts, you will come across a statement that says “witness” usually on the same page as the signature page. However, you must make sure that the meaning you give yourself in each clause of your contract is clear.
In essence, the parties confirm that they certify the contract of the legal document or acknowledge that a legal document is concluded between them. Example of TLD: The modern trend of encouraging lawyers and others to produce legal documents in plain English has led to terms such as “in witness of” being removed from common use. Although testimony does not add specific value to the meaning of a contract, it continues to be used to demonstrate a certain degree of formalism. In ancient Latin documents, they used “in cujus rei testimonium” as a conclusion in their legal documents. In modern times, this expression brings little value from a legal point of view, but is still used to show a certain degree of formalism in the contract. You may well say to delete the phrase “witness” and simply say “the parties agree to enter into this agreement.” Eventually, it was translated into English, as if to testify. “in witness whereof, the parties have caused this Agreement to be executed” In cujus rei testimonium means in his testimony. The term “witness” indicates that the undersigned party presents a certificate or attestation. It may not be useless to explicitly state that you intend to sign the document and be bound by its terms, but it doesn`t necessarily add value to the contract.
Ultimately, you need to remember that a contract should clearly convey the intent of the parties. To testify to it means to witness and to witness means to testify to it. If you read “IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered” is a representation by both parties that they are signing this Agreement and implicitly acknowledge that its terms are binding. The signature of the parties expressly expresses their intention to be bound by the terms of the document. Should we use it to make contracts look formal, use plain English to say the same thing, or just mention nothing about it? Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. There is no right or wrong way to use this expression. The best approach to drafting contracts is to stick to simple, plain language. You can keep the statement short and sweet by saying: You can also see “testify” or “testify.” It`s up to you to decide what to do with it. “The Parties agree to enter into this Agreement on that date” The use of terms and expressions that cause confusion or interpretation is not ideal and should be avoided.