Drafting and review of contracts

What is a contract?
A contract is a legal act (legal transaction) by which rights and legal relationships are created, terminated or changed. The contractual obligation (the subject of the contract) may consist of giving, doing, refraining from or tolerating something.

When is a contract concluded?
A contract is concluded when the contracting parties agree on its essential elements.

What are the essential elements of a contract?
The essential elements of a contract are those without which the contract cannot be validly concluded. Which they are depends on the nature and type of the contract, for example:

• sales contract: the thing being sold and the purchase price;
• lease agreement: the thing being leased and the rent.

Who can conclude contracts?
Contractual capacity is required to conclude a valid contract. An individual acquires full contractual capacity at the age of 18, or earlier by entering into marriage or if it is granted by a court because they have become a parent (Article 152 of the Family Code, DZ).

In what form are contracts concluded?
No particular form is required to conclude a contract unless the law provides otherwise (Article 51 of the Obligations Code). In principle, therefore, the parties may conclude a contract in any form, but for certain types of contracts the legislation requires a particular form for their validity.

We recommend that you draw up and conclude every contract in writing.
That way, you always know clearly what your obligations and rights under the contract are, and it is also easier to prove the contractual relationship and obtain legal protection.

How we help you
We draft a new contract for you or review a contract presented to you by the other party and point out the risks.

• For individuals: sales, gift, loan, exchange and lease agreements, agreements on the division of co-ownership and other everyday contracts.
• For companies: general terms and conditions, contracts with business partners, non-disclosure agreements and other business contracts.

Where the law requires a notarial record, we work with a notary. Where a dispute arises that has to be resolved in court, we help you work with an attorney (odvetnik).