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 verbal or written, thus regulate, for example, the purchase and sale of products, the relationship between tenants and their landlords, or the dealings 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, the absolute basis for successful political, social and economic action. A successful conclusion of a contract is accordingly one that, in its drafting, always keeps the goal and the interests of all contracting parties in view. 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 private 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, the intensive 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 initial draft contract can, if desired by the client, already be discussed with the contractual 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 as well as a detailed roadmap for achieving your contractual goal are decisive for a successful negotiation and are 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 drafting contracts
- 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 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
Helpful articles on the topic of contracts and contract law
- You should take this into account when revoking your life insurance contract
- Federal Court of Justice: New legal expenses insurance must also pay if old contracts are cancelled
- Framework contracts in professional liability insurance
- Variants of immoral insurance contracts
Do you have questions?
Please don't hesitate to call us for an introductory conversation. I would be happy to take the time personally to review your case and give you an estimate of the effort involved.
That will already put you one step further!
You can reach us by phone at 089 / 17 90 900 or with a click on the button:
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Dr. Johannes Fiala
Your lawyer from Munich is reliable and competent, always by your side.
The first phone call is a free introductory conversation. An in-depth consultation is not possible at this stage.
However, you will learn what we can do for you and what information and documents we need from you for qualified advice. This already makes a decisive contribution towards resolving your matter.
