Heloisa Nogueira and Thamara Belinatti
The saying "what is agreed upon does not come at a high price" is not merely a popular proverb regarding the morality of an agreement between two parties; more than that, it reflects the famous civil law principle of the binding nature of contracts. From the Latin *Pacta sunt servanda*—meaning "agreements must be respected"—this phrase is frequently cited in legal filings across the country to underscore the importance of upholding the clauses drafted, agreed upon, written, and signed by the parties to an agreement.
In this context, the principle holds particular significance for partnership agreements, as their operation relies heavily on the clauses agreed upon by the parties; the contract varies according to the terms established by those involved. While this makes the contract highly versatile, that same flexibility can be a drawback, necessitating strict adherence to the *pacta sunt servanda* principle.
Thus, the parties must define, from A to Z, how they will operate within the legal relationship established by the partnership agreement, taking into account ALL potential rights and duties; therefore, it is essential that all clauses be clear and precise in order to prevent future conflicts.
However, for partnership agreements entered into informally or atypically—such as via WhatsApp or through superficial conversations that fail to responsibly define each party's duties—adhering to the principle of *Pacta sunt servanda* becomes a far more complex task. Given the absence of provisions regarding future conflicts, party responsibilities, timeframes, partnership objectives, profit sharing, and resource allocation, it becomes difficult to determine how the parties should act within this legal relationship.
In short, the saying "agreements made prevent costly problems" reflects the essential nature of fulfilling contractual obligations, particularly in the context of partnership agreements, where clarity and formalization are crucial for the successful execution of the legal relationship. The principle of *Pacta Sunt Servanda*—which mandates respect for established agreements—takes on special significance in this type of contract, requiring parties to clearly outline their rights and duties. If not managed carefully, the flexibility inherent in partnership agreements can lead to misunderstandings and disputes that could have been avoided through more rigorous clause definitions; thus, to ensure the success and effectiveness of partnerships, it is fundamental that parties commit to formalizing their agreements, respecting the established pact, and thereby preventing potential disagreements.
