Contract drafting / contract design

EMPLOYMENT CONTRACT, PURCHASE CONTRACT, RENTAL CONTRACT, SERVICE CONTRACT, CONTRACT FOR WORK,...

Contract drafting compact

ON THE SAFE SIDE

Behind the simple-sounding term contract drafting lies one of the most important and exciting areas of work for lawyers. There is no doubt that many legal disputes simply arise from unclear, invalid or imprecise contractual constellations and formulations. The drafting of contracts is by no means just a time-consuming and expensive "paper production" ("...which nobody reads anyway..."), but rather a firm basis for almost all areas of today's coexistence and economic activity. Only things that are not clearly regulated by contract can lead to misunderstandings later on. Incomplete and imprecise contracts, in particular, can lead contracting parties to have differing opinions clarified by the courts at a later date. The generally large scope of even simple contracts is therefore not necessarily a sign that one party is trying to secure as many advantages as possible, but should be viewed positively, as it can be an indication of completeness. The typical "but nobody told us that" and "but we had understood it differently" can only be avoided with extensive text.

Our modern life is complicated and therefore requires complicated regulations for our relationships with one another. When drafting contracts, this means that as many eventualities as possible must be taken into account and that the formulated regulations must also be strictly orientated towards existing laws or court decisions. Contractual elements that do not do this run the risk of becoming invalid at any time and thus requiring redrafting. The more general the subject matter of the contract and the higher the sums involved, the more care must be taken when drafting the contract. The motivation to legally defend oneself against contracts that one has signed oneself after the fact clearly increases in proportion to the financial value of the subject matter of the contract.

THE MOST COMMON TYPES OF CONTRACTS IN CONTRACT DRAFTING

In general, of course, almost everything can be regulated by contract these days. There is therefore hardly any limit to the number of types of contract. Nevertheless, there are of course a few types of contract that affect practically everyone and are almost impossible to avoid. What almost all contracts have in common is that they also deal with financial matters. The employment contract determines the effort that I as an entrepreneur am prepared to invest in a particular employee, the rental contract secures the regular income from my property, the purchase contract regulates my turnover from goods and services. However, the purpose of the contract from the provider's point of view is not only to fix the respective financial investment or profit, but also to secure it. What options do I have if an employee is unable or unwilling to return the investment made in him, how do I deal with tenants who are unwilling or unable to pay and under what circumstances can I be obliged to cancel sales or even pay compensation? These and countless other questions play an important role in the drafting of contracts and only an experienced contract drafting lawyer has the necessary experience to answer them appropriately.

EXAMPLES FOR IMPORTANT CONTRACTS

• Employment contracts
• Rental agreements and leases
• Purchase agreements, gift agreements, loan agreements, guarantee agreements, franchising / franchise agreements,
• author agreements and all other contracts arising from professional associations and dependencies
• Contracts in inheritance law and family law
• Contracts in connection with copyright and licence law
• Mobile phone contracts / mobile phone contracts / telephone contracts
• Contracts in commercial law and company law
• Service contracts, work contracts and service contracts with members of the liberal professions
• ...

CONTRACTUAL DISPUTES AND BREACHES OF CONTRACT

Today, contractual disputes very quickly lead to legal disputes. Differing views on services, quality or deadlines are certainly the most common reasons for disputes. The most effective way to avoid such disputes is therefore to specify as much relevant information as possible about the service to be provided. The clearer you are about the services offered or to be procured, the easier it is for the contract drafting lawyer to put them in a legally clean form. In addition to the specialist knowledge in a particular area of law, it is above all the practical experience of the lawyer and further qualifications (e.g. business training, mediation experience, etc.) that ensure greater certainty.