On Tue, Nov 27, 2012 at 04:24:04PM +0100, Gaudenz Steinlin wrote: > Moray Allan <moray@sermisy.org> writes: > > On Tue, 2012-11-27 at 12:39 +0100, Holger Levsen wrote: > >> Or maybe, if Le Camp agrees once again to delay the signing, people > >> will believe those who say that Le Camp is a nice trustworthy > >> organisation > > This is either misunderstanding people's concerns or a straw man > > argument: no one is saying that Le Camp is not "trustworthy". > >> and a > >> contract is just something written on paper. > > Someone asserted that contracts don't hold in Switzerland, but they > > didn't reply when asked for details about that. > IANAL, but this is wrong. What's true is that the one guiding principles > for contracts in Swiss law is that the *shared* intent of the parties > rules over what they actually declared (in the written form of the > contract). But you still have to have a shared agreement and if there is > doubt about the intended agreement the written text of the contract is a > very strong hint. You need very clear arguments before court if you want > to go down this route (argueing that both parties intended something > else than was actually written down).[1] Exactly. This is the legal theory that holds elsewhere in the world too, and the same practical problem that arises in courts when you try to argue that a written contract has been superseded by a verbal agreement. And one of the problems with making a verbal agreement with an *organization* is that even if the *individual* is trustworthy and has good intentions, at the end of the day the organization may not stand behind that agreement. Is Mr. Pianaro the sole decision-maker for Le Camp? Or does he answer to a board who may void any verbal agreement he makes with us? > To be completely clear and because I might be one of the persons signing > the contract on behalf of the DebConf13.ch associaiton: I only intend to > sign a contract where what's written in the contract is also what I > intend to follow and what I expect the debconf-team to do. This is good to hear, because from discussions on this list it appears some people are expecting otherwise - in particular, assuming camping will be allowed if the contract says it isn't. Is it your understanding that you are signing this contract even if camping in disallowed, or that you will not sign a contract that disallows camping? -- Steve Langasek Give me a lever long enough and a Free OS Debian Developer to set it on, and I can move the world. Ubuntu Developer http://www.debian.org/ slangasek@ubuntu.com vorlon@debian.org
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