CONTRACTS

The law office “Ječmenica R. Ivan” deals with the representation of clients in the field of contract law . Given that this is a very dynamic legal field, we try to keep up with all the changes in order to provide our clients with the best possible legal service. The dynamics of the development of contract law is in the direction of increasing legal certainty , whereby the advisory and practical role of lawyers is of crucial importance. Bearing in mind that the conclusion of every contract carries with it a great risk , and that it is particularly pronounced in the area of real estate transactions and contracts in the economy, our law office for contracts applies an extensive analytical approach in order to completely eliminate the potential risks and pitfalls that such business relations entail.

The legal matter of contract law is regulated by a large number of legal sources, the most important of which is the Law on Obligations . The contract is the most important source of obligations and represents the consent of the will of at least two contracting parties that produces legal effects. The contract is considered concluded when the contracting parties have agreed on the essential components of the contract . The essential ingredients differ from contract to contract – eg. in the case of the sales contract, these are: the item and the price, in the lease contract: the item and the rent.

Given that the conclusion of each contract is preceded by a negotiation phase, it is best to contact our contract law office for legal assistance at that time, so that we can point out all the potential risks of the legal business you are planning to enter into. This is especially true for negotiations to conclude a contract on the purchase of real estate . Namely, the purchase of real estate, as an important prerequisite, requires extensive verification of legal documents related to the property in question. On that occasion, it is necessary to determine whether the real estate is registered to the potential seller in the competent Real Estate Cadastre, as well as whether there is any encumbrance (mortgage, easement, etc.) on it that limits the rights of the new buyer.

Regarding the form of conclusion of the contract , as a rule, the principle of consensualism applies, which means that the contract can be concluded with the verbal agreement of the two contracting parties regarding its essential elements. However, there are a large number of exceptions to this rule, so that the most important contracts must still be concluded in writing , and it is often necessary to be certified (solemnized) by a public notary . This particularly applies to the contract for the sale of real estate, which is concluded in writing and solemnized by the competent public notary. Our law office for contracts provides clients with continuous and comprehensive legal assistance , starting with the collection of documents and the drafting of contracts (if necessary, pre-contracts), to the coordination of all activities and scheduling of appointments for the solemnization of the contract at the competent public notary. We have already written about the procedure for concluding a real estate purchase agreement in our real estate blog.

In contract law, the principle applies that the contract is the law for the parties – lat. pacta sund servanda, from which it follows that the contracting parties are obliged to fulfill all the obligations they committed to when concluding the contract. This legal principle protects legal certainty and introduces an element of predictability into mutual contractual relations. However, there are also such contracts that are so illegal, i.e. minor, that the legal order cannot provide them with protection. Namely, we are talking about null and voidable contracts . Void contracts are those contracts that are contrary to compulsory regulations, public order and good customs. On the other hand, voidable contracts mean contracts concluded by persons with limited contractual capacity (eg minors), under the influence of lack of will (misconceptions, fraud and threats), as well as contracts in which excessive damage to one of the contracting parties occurs.

To summarize, our contract law firm provides a wide range of legal services in this area, namely:

• Agreement on the purchase and sale of real estate

• Gift contract

• Lease agreement

• Loan agreement

• Leasing agreement

• Service contract

• Work contract

• Brokerage contract

• Lifetime Support Agreement

• Agreement on the distribution of assets during life