What is contract law?
The French Civil Code defines a contract as an agreement of wills that creates obligations between two or more people. Contract law, on the other hand, refers to all the legal rules governing contracts, whether civil or commercial. Contract law covers the creation, modification, performance and termination of contracts. A highly technical subject, contract law has been enriched over time. It has been the subject of numerous modifications by the legislator, the latest major reform being that carried by the ordinance of February 10, 2016, then the ratification law of April 20, 2018.
Contracts come into play in many areas of our daily lives, both personally and professionally:
- Purchasing services: telephone subscriptions, catering, home help, etc.
- Purchasing consumer goods;
- Renting real estate: residential or professional leases;
- Purchase or sale of real estate;
- Setting up a legal entity: company, business, association;
- marriage or divorce conditions.
When negotiating and drafting an agreement, you need to be aware of contract law. The aim is to ensure that the commitment is made in good faith by the parties, and that the conditions of validity of the contract are respected. But contract law also concerns the performance of the contractual undertaking: its effects and the penalties for non-performance. Your lawyer can thus intervene when you notice a contractual breach giving rise to a dispute concerning a product or service defect or defaulting payment, for example.
Why call in your contract lawyer?
Drafting your contracts with your expert contract lawyer
Fundamental to the organization of economic life, a contract is the expression of an agreement between two parties. But drawing up a contract is not something you can improvise, and requires special attention to ensure its legal conformity! Contract law applies equally to individuals (private law), to individuals in their relationship with a company (consumer law), to companies (commercial law) and to companies in their relationship with their partners (labor law, for example).
Call on your expert lawyer to help you avoid making mistakes when drafting your contract:
- Mandatory information;
- Indispensable contractual clauses, depending on the nature of the contract;
- Drafting the parties’ commitments;
- guarantees.
The aim of your lawyer’s work is to secure your contractual position and avoid any loss of time or money.
Securing your contractual position with your lawyer
From drafting contracts to defending clients’ interests in court, the lawyer’s role is to guarantee the contractual security of the person he or she is assisting. His work helps to protect transactions and prevent litigation. For example, when advising a lessor, the lawyer checks the lessee’s solvency beforehand, and puts in place all the necessary guarantees to ensure that the lessor is not harmed.
Your expert lawyer pays particular attention to specific clauses, the drafting of which can have far-reaching consequences for the parties. These clauses may concern confidentiality, guarantees, the liability of the parties or the conditions for breaking the agreement.
Calling on Goldwin Avocats is the assurance of a contract that :
- Meets fairness requirements
- Limits legal risks;
- Reinforces confidence in the relationship between the parties.
Your contract law attorney assists companies in negotiating and executing contracts with their customers, suppliers, partners and employees. He or she draws on multidisciplinary skills in civil law, commercial law, corporate law, intellectual property law and European and international law.
Contact your expert in contract law and benefit from personalized support for your case.
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When should you call on your contract lawyer?
Negotiating and drafting customized contracts
Whether between private individuals or between professionals, the involvement of your contract law attorney is essential to the legal security of your relationship. He or she can identify the issues at stake in the agreement you sign, and thus limit the risks involved. A lawyer is vital to your company’s relations with employees, customers or suppliers, but just as important for private individuals.
Take advantage of his comprehensive skills to ensure :
- Solid contracts that are 100% in line with the parties’ expectations;
- Verification of mandatory clauses and conformity of agreements;
- Negotiation of specific clauses on the best terms for you or your company;
- Compliance with RGPD requirements.
We thus advise our customers on the clauses to be included in contracts according to their objectives and the specificity of the field of activity. We also raise points of vigilance concerning the balance and viability of the contract.
Litigation assistance and representation
In some cases, the lawyer’s role is to help the client find an amicable solution to the dispute by negotiating with the opposing party. Failing this, the lawyer represents the client in legal proceedings. Contractual liability disputes generally concern the non-performance of obligations by one of the parties (defect in the item sold, failure to provide services, non-payment, etc.) or the improper breach of a contract. They result in the forced pursuit of the contract and/or the award of damages.
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