Compromise is a pact or agreement.
Agreement is a notion that comes from avenir : agree, happen. Compromise, therefore, is an agreement , an arrangement or an agreement that can have different scopes depending on the context.
In its broadest sense, compromise involves two or more parties agreeing to something . In the specific field of law , a compromise is the agreement reached by the parties in dispute before the issuance of the judge's or court's ruling . Cicero always recommended appealing to the agreement of the litigants, regardless of whether this would entail the sacrifice of any of their rights; It was based on the fact that in this way an expression of generosity took place that could sometimes be beneficial for both parties.
a saying
The well-known saying "a bad compromise is better than a good sentence" is related to these ideas of Cicero and can be interpreted in the following way: sometimes compromise is preferable to leaving decision -making in the hands of Justice, since even when the sentencing suits one of the parties entails a large investment of money and time. Furthermore, compromise in a case like this can serve to remind us that there has not always been an organized system that looked after us and that, therefore, we should not depend on it.
Continuing in this same context, compromise is established when the parties are willing to resign certain issues to establish the agreement that unites them. If they remain intransigent, they must wait until the ruling of Justice arrives, which may be favorable or unfavorable. Beyond this, waiting for the conclusion of the legal process can mean a significant outlay of money , in addition to taking a lot of time .
An agreement is an agreement.
Compromise in everyday language
In everyday language , the idea of compromise is linked to conformity or acceptance . For example: "With the agreement of the owner of the company, the workers left earlier to go celebrate in the plaza," "How can you think of going on a trip without my agreement?" You're still a minor! , "I'm sorry, but I cannot publish the research without the editor's agreement."
When someone agrees to something or someone, they are giving their approval or expressing their approval . If a person comments that a teenager attended a rock concert with the consent of his parents, he is referring to the fact that the young person had his parents' permission to enjoy the show in question.
Conciliation acts
The concept of compromise is also linked to that of conciliation acts , which can only be processed before the Courts of Peace or First Instance of the domicile of the defendant. If the latter is a legal entity, then those of the domicile of the other party (that is, of the plaintiff) will also have jurisdiction, although for this it is necessary that an office, branch or delegation be located there with attention to the public and that does not harm the relevant jurisdiction of the dispute.
The conciliation act is developed as follows:
- The plaintiff begins by presenting his case and states all the grounds he has to support his claim.
- The defendant answers in the way he considers appropriate. Just like the other party, you have the possibility of presenting the evidence that supports your statements;
- After the response, if the interested parties so wish, they can reply and counter-reply.
- If there is no agreement between the plaintiff and the defendant, the Justice of the Peace or the Court Clerk will try to reconcile them.
- If an agreement is not reached by any means, then the act is terminated.
- If they reach an agreement, the Justice of the Peace or the Judicial Secretary intervenes again to give their approval and agree to proceed with the filing of the documents.