Definition of Convention - its concept and meaningA Convention originated by a bankruptcy situation is an agreement adopted in compliance with legal solemnities, between the debtor or failed in bankruptcy (debtor declared bankruptcy or receivership) situation on the one hand, and all your creditors on the other hand, whose purpose is to prevent or lift breaks, forcing the debtor or the failed and all your creditorsexcept for the cases excepted legally.
ContentThe Convention includes two types of agreements commonly referred to as "removes" and "expects".
• They are "removes" those agreements in which creditors reduce the mentante of their claims in order to collect at least one portion.
• They are "waiting" those agreements in which creditors postpone the maturity of outstanding debts, in order that the debtor has more time to get the necessary funds to afford the payments.
Features• Are held between the debtor or failed and creditors
• It is intended to prevent an eventual bankruptcy or lift it if it was already declared
• Produces general effects with respect to creditors
Concept of ConventionReferred to as agreement to the contract, Convention or agreement which is developed based on a specific subject. To cite some examples: "the Argentine club announced the signing of an agreement with a European University for the training of youth", "the company sent me to Brazil to close an agreement for export", "the Convention was ratified by both parties after a meeting which lasted more than two hours".
The expression "collective agreement", for its part, identifies the agreement linking those who represent workers with employers and that serves to regulate working conditions. Through these agreements, trade unions and organizations entrepreneurs set different rights and obligations within the framework of the employment relationship.
Conventions can be valued as contracts, regulations or a combination of both. The conditions which provide for collective agreements, include the duration of working hours, wages, vacations and licenses.
It should be noted that the collective agreement is extended to all employees of the category in question (a company or a sector in general), regardless of whether they are or not, members of the Union that the agreement reached.
It is usual that the collective agreement establishes minimum conditions and then each employee outsource to improve profits in their individual contracts. This means that the collective agreement can set a minimum wage of 1,000 pesos, for example, and that then a worker agreed remuneration of 1,500 pesos with the company.
Conventions of the European UnionIn this era of globalization, the term is heard increasingly more frequently to refer to the treaties that govern the relationships between the various countries.
So much so that in the European Union have been issued a series of documents which specifies the behavior that each Member must comply; in them embody the rights and obligations that each party must meet and decide the penalties that shall pay for those members who do not respect them.
For example, the Convention for the protection of human rights and fundamental freedoms, is a statute where there are those laws that have been adopted in the various meetings of the Member States explaining what are the rights of all citizens; If any were to suffer any abuse or was victim of a breach of these obligations, you can go to justice, where the way of ensuring its integrity will be searched.
Some of the points in this agreement are: the prohibition of torture, slavery and forced labour to any human being; the right to private life and family and public freedom; freedom for marriage with any other person (regardless of nationality or sexuality) and under cover in case of being a victim of discrimination, among many others.
Any citizen who need advice on some of its points, can go to any State Office; where will know inform them what their responsibilities and rights in the State in which it is found.
Unfortunately, the majority of persons who are victims of various harassment usually not informed about these conventions and the States themselves seem to take it for the joke, causing an unparalleled suffering, especially on those citizens who arrive in another country in order to have a better life, but do not have the documentation in order.
Finally, it is worth mentioning that in a bankruptcy process, an agreement is an agreement between the debtor and the creditors whose goal is to raise the situation of bankruptcy or prevent this.
Meaning of ConventionAny agreement means the agreement of wills between two or more people on any point in discussion or issue pending resolution, i.e. There is a discrepancy between neighbors by the limits of the property of each, then to resolve the issue first discussed it and once they reached the long-awaited agreement, the scope of the same will be overturned precisely in a Convention which may acquire the following forms: International Treaty, collective labour agreement or any type of contract that aims to collect the implementation of agreement between two parties.
In international treaties, for example, are two countries, a State with an international organization or two international organizations that they agree on these on some point who was in discussion. The most common is that concluded between States and these usually contained issues of geographical boundaries.
On the other hand, collective work agreements are contracts through which a Union or group of unions they agree in writing on a host of issues, such as licensing, vacation, wages, working conditions, training, dismissal procedure, classification of professional categories, among others, with employers.
And finally, a contract, is the oral agreement, private or written between two or more parties in which both are obliged to comply with the issues on which they agreed at time of the stage of the dialogue.
What is ConventionConvention derives from the latin "convenire" with the meaning of heading towards the same place. Used generally as a synonym for Covenant or contract, although in its origins, the Roman law differed them, being the Convention all kinds of agreement, that integrated with the Covenants which were made without formalities and resulted obligations without legal action, called natural; and with contracts, which by respecting forms, did encounter civil obligations.
Currently all those terms (conventions, pacts or contracts) are used so indistinct, in some countries, as in Argentina, for example, article 1171 of the Civil Code, trying to order contracts, tells us how to determine a sum of money to meet "the Convention", and article 1184, appoints the conventions of marriage, among the contracts that should be held with public deed. Usually applied the word Covenant marriage conventions, the conventions of fees, etcetera, and contracts to purchase contracts sale, location, job, etc.
However, in Mexico, appears more clear the distinction, since the Civil Code for the Federal District in his 1792 article tells us that agreements are agreements between two or more persons, whose purpose is the establishment, transfer, modification or extinction of obligations, by clarifying the article 1793, within conventions (which would be the genus) contracts are those that create or transfer rights or obligations.
It is required in all cases at least two parties with sufficient capacity, to arrive at an agreement expressing its willingness to free of vices (error, fraud or violence) as if the Convention could be judicially annulled if an interested party demanded in court.
Conventions can be verbal or written, unless legal regulations require the signing of any document or other special solemnities, for example, be held before notary public.