The "intuitu personae" clause emphasizes the personal nature of a contractual relationship, indicating that the contract has been entered into specifically because of the individual qualities or characteristics of the parties involved. Such a clause often restricts the ability to transfer or assign rights and obligations to third parties without consent, as the identity and personal attributes of the involved parties are crucial to the contract's intent.
INTUITU PERSONAE. In order to guarantee better quality and monitoring of the Services, the Service Provider undertakes, for the entire duration of the performance of the services, except in cases of force majeure, to personally perform the Services and in particular to ensure that Mr Jean Mariani is mainly responsible for the performance of the Services. It is therefore prohibited, except with the Customer’s written agreement derogating from this rule, from subcontracting all or part of the services incumbent upon it. If the Service Provider is no longer able to perform the Services personally, the Contract shall be terminated automatically and with immediate effect. If the Service Provider’s employees were to intervene in the performance of the Services - object of the Contract - these employees should first be approved by the Customer and must act under the direct supervision of the Service Provider.
Intuitu Personae - The Agreement is entered into intuitu personae with the Advisor acting through its Representative. As a result, the Advisor recognizes and agrees that the Consulting Services can only be performed by its Representative and cannot be subcontracted to any other person. In addition, the Advisor represents that, during the term of this Agreement, it shall remain fully-owned by the Representative and its immediate family members.
This rental contract is concluded intuitu personae for the benefit of the only Lessee identified at the head of the contract.
Intuitu personae - The rights of a Beneficiary and the grant of Options under the Plan are authorized by the Corporation on an intuitu personae basis, i.e. in consideration of the person to whom they are granted. None of the rights or Options may be negotiated, Assigned or Transferred, in whole or in part, otherwise than under the Plan, except pursuant to a will or the estate laws.
In the event of a takeover, merger, absorption, sale or transfer of the Company or its activities, respectively, by, with or to another legal entity, or any other transformation of the Company that may alter the intuitu personae character of this Agreement (hereinafter referred to as the “Event(s)”), Normandy University via Normandie Valorisation, acting for and on behalf of the Establishments, and the new legal entity will sign exactly the same terms as for this Agreement.
Binding Effect; Assignment. This Agreement is entered into intuitu personae; and accordingly neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the Parties hereto (whether by operation of law or otherwise) without the prior written consent of the other Party. Notwithstanding the foregoing, Bidder shall have the right to have one of its Affiliates succeed to and be substituted for all or part of its rights and obligations under this Agreement and become the “Bidder” under this Agreement, including any Affiliate that files a tender offer for the Company at a price at least equal to the Offer Price. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, heirs, permitted assigns and legal representatives.
This LICENSE AGREEMENT is concluded intuitu personae. Therefore, it is personal, non-assignable and non-transferable (except to an AFFILIATE), IS subject to the provisions of Article 12.2 below and any licence agreements that may be concluded by BIOPHYTIS in accordance with Article 2.3 above.
Intuitu personae is a Latin phrase that refers to a legal concept where the identity or personal qualities of the involved parties play a crucial role in the relationship or agreement. This term is often used in contractual law to describe contracts or obligations that are highly personal in nature, meaning they are non-transferable because they depend on the unique characteristics or attributes of the parties involved.
You should consider using an intuitu personae clause or concept when entering into a contract or agreement where the unique skills, qualities, or identity of the involved parties are central to the agreement’s purpose or execution. This is typical in scenarios like:
To effectively write or describe an agreement as intuitu personae, you should:
Clearly Define the Personal Element: Specify what unique attributes or qualities are critical for the fulfillment of the contract.
State Non-Transferability: Explicitly mention that the contract is non-assignable without consent because it relies on the individual characteristics of the parties involved.
Outline Consequences: Detail any consequences or procedures should the involved party fail to fulfill their obligations or if a replacement becomes necessary.
Example: “This agreement is entered on an intuitu personae basis, recognizing the unique skills and expertise of the Party A. This contract is non-transferable and cannot be assigned to any other individual or entity without the express written consent of both parties.”
Contracts that typically rely on intuitu personae principles include, but are not limited to:
Using the concept of intuitu personae ensures that certain agreements honor the personal elements that make them valuable and unique.
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
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An "irrevocable power of attorney" clause grants an agent the enduring authority to act on behalf of the principal, with the power remaining effective even if the principal becomes incapacitated or decides to revoke it. This provision is typically used in situations where continuity of decision-making is critical, such as in financial transactions or business operations.
The "Job Title and Duties" clause outlines the specific position an employee is hired for, detailing the title and primary responsibilities associated with the role. This clause helps ensure clarity in expectations and scope of work, serving as a reference point for performance evaluations and potential role changes.
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