Contract law and contract drafting

The basis for economic and social cooperation

Every day, we conclude private or business contracts in different types. These conventions regulate at different levels the social interaction and orderly dealings of different parties with one another. The formulation of contracts takes place within the framework of the legally possible, always with an eye to the future.

Contracts, whether oral or written, for example, the purchase and sale of products, the relationship between tenants and their landlords, or the interaction and cooperation between companies. A goal-oriented and solidly defined cooperation according to clear rules of the game is also in our society with freedom of contract as the absolute basis for successful political ,social and economic action . Accordingly, a successful conclusion of a contract is a contract which, when drafting a contract, always has the aim and the interests of all contracting parties in mind. Thus, for an effective conclusion of a contract all parties are to be regarded as equal “partners” in the preservation of their interests and in the realisation of the purpose.

We advise Pprivate individuals and companies in the drafting of contracts, examine existing contracts and represent our clients in the compliance and enforcement of their contractual claims.

Drafting contracts: Towards the goal with a methodical approach

Each contract is as individual as the purpose for which it is concluded. For this reason, a methodical procedure and a individual examination of the contractual circumstances is absolutely necessary when re-drafting contracts. Even unilateral legal transactions, such as wills, fall within the scope of contractual drafting and must be carefully drafted and reviewed in the light of their individual circumstances.

When drafting contracts, theintensive exchange about the reason and the intentions of the contract conclusion at the beginning of the cooperation is of utmost importance. A clear definition of the aim of the contract is essential for the further development of the contract before the first draft contract is drawn up. After a successful target definition, we then draw up an initial draft contract for our clients, which is designed according to the object of the contract and the individual legal situation. The preceding examination of the structuring options under consideration of the client’s objectives provides the framework for the drafting of the contract.

This first draft contract can, if desired by the client, already be discussed with the contract partner and forms the basis for further contractual adjustments. We advise our clients with regard to their negotiating position and possible legal and economic risks during initial contract negotiations. In addition, we also take over initial contract negotiations for our clients representatively and represent their position to their business partners. A negotiation strategy and a detailed roadmap for the implementation of your contractual objective is decisive for the success of the negotiations and is worked out in detail with the client in advance.

When drafting and especially when negotiating contracts, it is important that a unilateral approach without taking into account the objectives and interests of the contracting parties will not be crowned with success. A good contractual relationship is balanced for all parties and protects the basic interests of the parties involved.

After successful contract negotiations, the final drafting of the contract and a final review with regard to legal, economic and practical aspects is carried out. We would be pleased to assist you in the drafting and negotiation of contracts or to review and evaluate existing contracts.

How we support you in the area of contract drafting:

  • Individual preparation and design of new contracts
  • Review existing contracts and ongoing adjustment (arbitration agreements)
  • Support in the selection of the correct contract model
  • Comprehensive advice before contract negotiations
  • risk assessment of contracts in their >g id=”gid_1″>legal and economic context
  • Design of general terms and conditions
  • Advice on the termination of contracts => non-competition clause and contractual penalties
  • Assertion of claims from contracts
  • Reversal of contracts
  • Advice and representation in judicial and extrajudicial disputes also internationally

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You are already receiving legal advice and would like a second opinion? In this case please contact Dr. Fiala directly via the following link.

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Our law firm in Munich

You will find our office at Fasolt-Straße 7 in Munich, very close to Schloss Nymphenburg. Our team consists of highly motivated attorneys who are available for all the needs of our clients. In special cases, our law firm works with selected experts to represent your interests in the best possible way.