Contracts
A well-drafted contract, which reflects the interests of the parties and sets out their obligations, provides protection against future misunderstandings that may arise during the performance of the contract.
It is also essential to have a team that can represent your interests effectively if your contractual partner fails to meet its obligations.
In contractual matters, we provide legal services concerning:
Negotiation of contracts between parties.
We will accompany and advise you during the negotiation of any type of contract so that your interests are best represented by establishing fair terms that accurately reflect your wishes.
During the negotiation period, before the actual conclusion of the agreement, the persons present their mutual interests to each other on time. This stage is extremely important as it is here that the parties can determine the desired effects of the act to be concluded. Also, how negotiations are conducted can be a valuable mechanism for interpreting the contract.
Negotiations can cover both the nature of the agreement, determining which type of legal act best suits the effects you are seeking, and the terms of the agreement, resolving issues such as which party bears the contractual risk, how the contract is terminated, or the level of damages in case of a breach.
Analyzing contracts and unfair or unreasonable terms.
We evaluate contracts carefully to ensure that the legal relationships you enter are beneficial.
Unfair terms are those contractual provisions that have not been negotiated by the parties, are contrary to good faith, and cause a significant imbalance to the detriment of one of the parties. Unfair terms provide for a right of unilateral termination of the contract, suspension of performance, forfeiture of rights, or restriction of the right to raise defenses.
These clauses alter the contractual balance by establishing a more favorable regime for one of the parties, which is why the law stipulates that they do not take effect unless they have been expressly accepted by the signatory parties.
Drafting and reviewing civil and commercial contracts.
We focus on translating your legal wishes into clear and concise clauses.
The contract is the legal instrument by which the parties establish the terms under which the legal relationship between them will be conducted. It must be designed, drafted, and followed with great care to comply with the law in force and the specific will of the signatories.
Our work focuses on translating the parties’ will as precisely as possible into contractual clauses and regulating them as clearly and comprehensively as possible to prevent the risk of a dispute arising.
Assistance before the notary public in concluding original contracts.
Appearing before a notary is a mandatory condition for completing a number of contracts provided for by law. Our team will assist you in this procedure.
The law offers the original form for the valid conclusion of several categories of legal acts, such as those transferring the right of ownership of the real estate, mortgage contracts on real estate, or acts of merger/division/divestment of real estate. Such legal transactions must therefore be concluded by a notary public; otherwise, they are null and void and cannot take effect.
We will assist you in the notarial procedure to ensure that your rights are protected by the terms of the contract to be concluded.
Representation in litigation for contractual liability in case of non-performance and recovery of damages caused.
Our team will develop your defense strategy and represent you in disputes arising from the non-performance of contractual obligations.
Any person must perform his responsibilities as assumed by the contract concluded between the parties. Where one of the parties fails to fulfill its obligations, it is liable for the damage caused and may be required to make good the damage. Harm includes the loss suffered by the other party and the gain the other party has been deprived of through non-performance.
For contractual liability to arise, there must be total or partial non-performance or inadequate performance attributable to the debtor, which has caused damage.
Representation before the courts in litigation on this subject.
Developing and advocating a strategy in court to defend your rights is a key issue when disputes arise over a contract’s validity, enforcement, or termination.
There is a wide range of problems that can occur in relation to civil and commercial contracts, from discussions on the valid creation of the contractual relationship to incidents of performance of obligations by either party or cases of premature termination of the legal relationship.
When issues take on a contentious dimension, our team provides you with the necessary support by developing a strategy based on the contractual terms and applicable law and representing you in court to defend your rights.