The duration of the agreement (the „term“) begins from the entry into force of this agreement and ends at 11:59 p.m. on the eve of the 20th (20th anniversary) of the negotiation date (the „termination date“) or the date on which the agreement may be terminated earlier in accordance with the provisions of this agreement. Contracting parties can be negotiated for months before the contract date and then designate the effective date of the date on which they began negotiations. In this case, the parties may assert, from the date of the contract, the retrodated rights that began on the fixed date of entry into force. The effective date of the contract is designated as the effective date (or effective contract) that may differ from the date of execution. This date cannot be set before the execution date, i.e. a contract can only be in effect after all parties have signed it. By signing the contract, all parties declare that they agree on the effective date. It is important to remember that the retrodedatation of the defined validity date is not the same as the retrodedation of the contract itself. The retro-relationship of a contract may constitute a criminal offence and a violation of the rules governing the professional conduct of lawyers. Knowing the difference between the two data is essential to ensure that you process your contracts correctly.
You will understand when your role in the treaty comes into force and you will protect against possible legal action. Depending on the contract, the validity date and the date of execution may be the same. Read your contract carefully to determine exactly when it will start. Note, however, that there are different ways to include a validity date in a contract. Sometimes a validity date is a fixed date, which is explicitly stated. However, the contract may not start on a fixed date and may be subject to conditions. If a contract begins on the date all parties sign it, it is a conditional validity date. A contract may also begin after important documents have been filed with the state or on the date a licence is issued. To understand the difference between signing a contract and entering into force a contract, there are two important concepts: the validity date and the date of execution. Often, a contract is entered into and dated on the day of the last signing (as explained above), but contains a different and defined „effective date“ indicating when some or all of the parties` obligations must begin. This date may be in the future or in the past – whether a treaty can create or confirm rights related to past events is a matter of interpretation. The date of the contract is usually written on the cover and the first page of the contract (although there is no legal obligation to do so).
In general, this is the date on which the last party signed the contract.