Contracts in Romania
A well-drafted contract that reflects the interests of the parties and clearly establishes each party’s obligations provides protection against future misunderstandings that may arise during the execution of the contract.
Additionally, if the contractual partner fails to fulfill their obligations, it is essential to have a team of lawyers on your side who can effectively represent your interests.
In Romania, in contractual matters, we provide legal services regarding:
Negotiation of contracts between parties in Romania.
We will accompany and advise you during the negotiation stage of any type of contract to ensure that your interests are best represented through the establishment of fair clauses that precisely reflect your will.
During the negotiation period, before the actual conclusion of the contract, individuals present their mutual interests point by point. This stage is extremely important as it allows the parties to establish the desired effects of the contract to be concluded. Moreover, the manner in which negotiations are conducted can later serve as a useful mechanism for contract interpretation.
Negotiations may concern both the nature of the contract—determining which type of legal act best suits the intended effects—and its clauses, which define aspects such as which party bears the contractual risk, how the contract may be terminated, or the level of damages in case of breach of obligations.
Analysis of contracts and abusive or unusual clauses in Romania.
We carefully evaluate contracts to ensure that the legal relationships you enter into are advantageous.
Abusive clauses are contractual provisions that have not been negotiated by the parties, are contrary to good faith, and create a significant imbalance to the detriment of one party. Unusual clauses include those that grant a unilateral right to terminate the contract, suspend obligations, revoke rights, or restrict the right to raise objections.
Such clauses alter the contractual balance, establishing a more favorable regime for one party. For this reason, the law states that they are only effective if explicitly accepted by the signatory parties.
Drafting and reviewing civil and commercial contracts in Romania.
We focus on translating your legal will into clear and concise clauses.
A contract is the legal instrument through which the parties establish the terms under which their legal relationship will be conducted. It is essential that it is designed, drafted, and monitored with great attention to ensure compliance with current legislation and the specific will of the signatories.
Our activity is centered on precisely transposing the parties’ will through contractual clauses and regulating them in a manner that is as clear and comprehensive as possible to prevent the risk of disputes.
Assistance before a public notary for the conclusion of authentic contracts.
Appearing before a notary is a mandatory condition for concluding certain legally required contracts. Our team of lawyers in Romania provides assistance during this procedure.
The law mandates an authentic form for the valid conclusion of several types of legal acts, such as those transferring property rights over real estate, mortgage contracts on real estate, or acts of merger/consolidation/division of properties. Thus, such legal operations must be conducted before a public notary; otherwise, they are absolutely null and cannot produce legal effects.
We will assist you during the notarial procedure to ensure that your rights are protected through the contractual clauses to be concluded.
Representation in litigation for contractual liability in case of non-performance and recovery of damages.
Our team of lawyers will develop a defense strategy and represent you in disputes arising from the non-performance of contractual obligations.
Every party must fulfill their obligations as undertaken in the concluded contract. When one party fails to fulfill its obligations, it is liable for the damages caused and may be required to compensate for them. Damage includes both the actual loss suffered by the other party and the profit they were deprived of due to non-performance.
To establish contractual liability, there must be a total, partial, or improper non-performance attributable to the debtor, which has caused damage.
Representation before courts in litigation on this subject.
Developing and defending a strategy in court regarding the protection of your rights is a key point when disputes arise concerning the validity, execution, or termination of a contract.
There is a wide range of issues that can arise concerning civil and commercial contracts, from discussions about the valid formation of the legal obligation to incidents regarding the execution of obligations by either party or cases of premature termination of the legal relationship.
When problems take on a contentious dimension, our law firm in Romania provides the necessary support by developing a strategy based on contractual clauses and current legislation and representing you in court to defend your rights.
