What is a preamble

What is a preamble

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BES treats the term "preamble" as follows - it is introductory or the prolog of legislative, other legal act, the declaration or the international treaty. Usually in a preamble tasks and the purposes of this document, motives and circumstances which were the cause for its acceptance are stated.

The preamble does not contain precepts of law, however it is important for understanding of the legal document as in general, and its separate articles. The prolog notes that the document, in particular the international treaty, is adopted by both parties which signed it underlines special value of this legal act for further development of the states. This part of the legal text generally contains "norms principles" and "norms purposes". They are considered at interpretation of other provisions of the document, can clear up its general context, include various questions, sometimes purely standard character. The preamble has the same validity, as well as the main text of the legal act and at interpretation is considered together with it in spite of the fact that its provisions have an inconcrete formulation. When developing the draft of the international treaty of the state often transfer those provisions upon which they did not manage to agree to a preamble. They have a formulation of motives and the purposes of signing of the contract and are not the circumstances which are formally connecting the parties. Preambles of the same documents can differ on the content and volume. So the prologs of constitutions of the different countries differ from each other. Short preambles contain only a solemn formula, and in extensive the history of the state before adoption of the Constitution, the prospect of its development and the principles of political system is stated. The prolog of this document is important for the correct assessment of its contents. The preamble of the civil contract has to contain the place and time of its conclusion, location of contractors and the legal name of the parties, definition of the parties contractors can be given ("Seller" - "Buyer").

Author: «MirrorInfo» Dream Team

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