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Contractual questions where a contract lawyer can help
In contract law, the principle of autonomy applies. Within the legal limits, the contracting parties can agree on whatever they want. However, problems are commonplace. Often, the question arises whether (and with what content) a legally binding contract has been concluded. Well-drafted, clearly formulated contracts leave no room for interpretation and preempt disputes.
A contract lawyer assists you in all contractual matters. Here are some key situations where engaging a lawyer is advisable:
- Drafting contracts, from simple to highly complex: A contract lawyer can assist in drafting contracts, ranging from simple rental or purchase agreements to highly complex business or licensing agreements. They ensure that contracts are legally sound and formulated according to the individual needs and interests of the parties involved.
- Clarification of claims arising from the contract: In case of disputes or uncertainties regarding the interpretation of contract provisions, a lawyer can clarify the parties' claims and propose legal solutions to resolve or enforce disputes.
- Assessment of the legal situation: A lawyer can assess the legal situation related to a contract and inform the parties about their rights and obligations. This includes reviewing contract terms, examining legal risks, and advising on courses of action.
- Examination of claims: A contract lawyer can review incoming claims or demands and ensure that they comply with the contract's provisions.
- Termination of the contract: A lawyer can assist in terminating a contract, whether through termination, rescission, or mutual contract amendment. They can explain the legal requirements for terminating the contract and support the parties in enforcing their interests.
Frequently Asked Questions about Contract Law
Contract law deals with questions concerning the formation, execution, effect, and termination of contracts. It involves formal requirements and design possibilities, as well as claims, rights, and obligations, fulfillment, or non-fulfillment. A contract lawyer advises you on the drafting and review of your contracts and finds the best solution for you.
The Swiss Code of Obligations (CO) includes a range of provisions related to contract law. These include not only general provisions but also specific contract types such as purchase, exchange, donation, lease, rent, loan, credit, and bailment. The CO also contains its own regulations for employment, work, and publishing contracts, orders, guarantees, and powers of attorney.
Contracts are not only formed by signature. The Swiss Code of Obligations simply requires "mutually consistent expressions of intent." If no form is prescribed, a verbal declaration is sufficient. In many cases, it's not even necessary: a binding contract also arises when the declaration of intent can be inferred from specific behavior.
A contract is concluded when two parties agree on the essential contract points (e.g., performance and price). Furthermore, contract formation requires a mutual expression of intent. This consists of an offer (offer) and the timely, fully consistent acceptance (acceptance). A modification of the original offer is understood as a new offer.
A contract lawyer examines whether your contract complies with the latest legislation and case law. They explain which clauses and passages are critical to evaluate and alert you to risks. At the same time, the contract lawyer suggests more favorable wordings. All these services are available at GetYourLawyer for a fixed price of 590 CHF.
A contract lawyer specializes in providing legal advice and support for all matters related to contracts. This includes reviewing existing contracts for legal validity, clarity, and completeness, assisting in the creation and wording of contracts, representing clients in contract negotiations, and supporting the enforcement of their clients' rights in case of contract breaches or disputes.
In principle, any lawyer can handle contract matters, but a specialized contract lawyer can often provide better advice and representation due to their expertise and experience.
A contract lawyer is not only an expert in the legal analysis and drafting of contracts but also a trusted advisor for their clients. They provide not only legal knowledge and expertise but also practical advice and solutions to best protect their clients' interests.
In the drafting, review, and interpretation of contracts, lawyers specializing in contract law and notaries can be helpful. Specialized contract lawyers provide expert legal advice and negotiation skills to adequately represent their clients' interests. In case of disputes, they can represent their clients in court and enforce their rights.
Notaries, on the other hand, are authorized to authenticate contracts, increasing their legal validity and enforceability. As independent and neutral third parties, they can provide additional legal certainty to avoid potential disputes over contract terms.
The choice between a lawyer specializing in contract law and a notary depends on individual needs, the type of contract, and specific legal requirements. In many cases, it may be advantageous for both professionals to collaborate to ensure comprehensive legal advice and legal certainty.
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