The Affidavit of Agreement is a specialized legal document used when parties need to combine sworn statements with contractual obligations under German jurisdiction. It is particularly valuable in situations requiring formal verification of facts while establishing binding commitments between parties. Common uses include business transactions requiring verified statements, formal acknowledgments of obligations, or situations where sworn facts form the basis of an agreement. The document must comply with German legal requirements, including notarization under the BeurkG, and can be prepared in English while maintaining German legal validity. It differs from standard agreements by incorporating sworn statements subject to perjury penalties, making it a more formal and serious undertaking than conventional contracts.
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1. Parties: Identification of all parties making the affidavit, including full legal names, addresses, and their capacity to make sworn statements
2. Background: Context and circumstances leading to the affidavit of agreement, including relevant dates and events
3. Definitions: Clear definitions of key terms used throughout the document
4. Declaratory Statement: Formal opening statement declaring that the following statements are made under oath
5. Sworn Facts: Detailed enumeration of the facts being sworn to by the parties
6. Agreement Terms: Specific terms and conditions that the parties are agreeing to under oath
7. Verification: Statement verifying that all information provided is true and correct to the best of the declarant's knowledge
8. Penalties of Perjury: Statement acknowledging understanding of legal consequences of making false statements
9. Execution: Signature block with notarization requirements under German law
1. Additional Parties: Section for including additional declarants or affected parties not primary to the agreement
2. Consideration: Details of any consideration or exchange of value, if applicable to the agreement
3. Governing Law and Jurisdiction: Specific provisions about jurisdiction and applicable law, particularly important for international implications
4. Severability: Clause stating that if any provision is found invalid, others remain in effect
5. Amendment Provisions: Procedures for modifying the affidavit of agreement in the future
6. Confidentiality: Provisions regarding the confidential nature of the agreement and sworn statements
7. Dispute Resolution: Procedures for resolving any disputes about the sworn statements or agreement terms
1. Schedule A - Supporting Documents: List and copies of all referenced documents supporting the sworn statements
2. Schedule B - Evidence: Any physical or documentary evidence referenced in the affidavit
3. Schedule C - Prior Agreements: Details of any previous agreements or affidavits referenced in the main document
4. Appendix 1 - Witness Statements: Additional sworn statements from witnesses, if applicable
5. Appendix 2 - Technical Details: Detailed technical information or specifications referenced in the main agreement
6. Appendix 3 - Translation Certificate: Official certification of translation if the document is bilingual German/English
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