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Publication date: 26.09.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
In the modern computerized world there is a lot of formalities. And the contract is one of those. Let's consider why it is worth paying attention to this and what is the peculiarity of drawing up a contract by a lawyer.
What is the peculiarity of the contract writing process?
The correct writing of the contract is of great importance for several reasons.
- First, the contract is a legal document that records the rights and obligations of the parties. If the contract is drawn up incorrectly, it can lead to misunderstandings, disputes and even legal proceedings. Improperly worded provisions can be ambiguous or contradictory, making them difficult to interpret and enforce.
- Secondly, the contract is a tool for protecting the interests of the parties. A clear and detailed statement of the terms of the contract helps to avoid risks and ensure the fulfillment of obligations. For example, in commercial contracts, it is important to accurately define the terms of payment, terms of performance of work, liability for non-fulfillment of obligations, etc. This helps to avoid financial losses and preserve business reputation.
- Thirdly, a properly drafted contract helps strengthen trust between the parties. When all conditions are clearly defined and understood, it reduces the likelihood of conflicts and promotes effective cooperation. In addition, the contract may provide for dispute resolution mechanisms, which allows the parties to peacefully resolve conflicts without resorting to court.
Also, the correct drafting of the contract takes into account all legal norms and requirements. The legal correctness of the contract is a guarantee of its validity and execution. For example, some contracts require notarization or registration, and failure to comply with these requirements may render the contract void.
Question
What ensures the correct performance of the contract?
Respond
Pproper drafting of the contract includes a clear definition of the subject of the contract, rights and obligations of the parties, terms of performance, responsibility, terms and possible sanctions for violation of conditions. This ensures transparency and predictability in relations between the parties. Correct writing of the contract is a key factor for successful and conflict-free cooperation. It provides legal protection, clarity in relationships and minimizes the risks of disputes. Therefore, it is important to pay sufficient attention to every aspect of drawing up the contract, contact specialists and carefully check all conditions before signing.
Language correctness and accuracy of wording are no less important.
Incorrect or ambiguous expressions may lead to misinterpretation and, as a result, to non-performance or improper performance of obligations.
Business necessarily includes the execution of numerous contracts, including the conclusion of a contract by a lawyer. A contract is an agreement between two or more parties aimed at establishing, changing or terminating civil rights and obligations.
Question
What can be the forms of the contract?
Respond
The Civil Code defines several forms of contracts: written, oral and notarized. For some contracts, the legislator establishes a mandatory written form and notarization. If your contract does not fall under these requirements, you can choose the form yourself. Remember: non-compliance with the established form makes the contract invalid. I always recommend drawing up contracts in writing. This is justified because a written contract guarantees the protection of your rights in the future.
What should be written in the contract?
To know the answer to this question, you can consider the structure of the contract.
- Conclusion of the contract. Contract name (Contract, Agreement, Contract, etc.). The name must correspond to the legal relationship in which the agreement is concluded and be prescribed by the current legislation.
- Place and date of conclusion of the contract. If the parties are registered in different cities, the place of residence of the person who proposed the contract is indicated. For an individual, this is the place of registration, for a legal entity, it is the locationnot The date of conclusion is not always the date of entry into force of the contract. Consensual contracts are valid from the moment of reaching an agreement, real ones - from the moment of handing over a thing or performing a certain action.
- Introductory part (preamble) contains information about the parties. For an individual – full name, identification number, registration address and mailing address. For legal entities - full name, identification code (EDRPOU code), address, position of the person signing the contract, and the document on the basis of which this person acts. For FOP – full name and authority, valid on the basis of an extract from the UDR.
- Subject of the contract. Rights and obligations of the parties, liability of the parties, term of the contract. It is important to clearly formulate it and check whether it corresponds to the types of activities of the parties (CVEDs).
- The price of the contract and the procedure for mutual settlements
- Terms of contract termination and early termination, dispute resolution procedure. These points should be spelled out in detail to protect the rights and interests of the parties. In foreign economic agreements, the parties agree on which legislation will be applied and which court will hear the dispute.
- Terms in the contract. Details and signatures of the parties. When you drafting a document by a lawyer, indicate clearly which days you mean - calendar or working days. If the contract provides for email correspondence, email is a mandatory requisite . For retaliatory contracts – bank details.
There are other blocks of the contract, but these are the main ones.
Question
Is a stamp on the contract mandatory?
Respond
The stamp on the contract is not mandatory. By the way, demanding its print may result in a fine.
A perfect contract is a combination of legal and grammatical accuracy. By following these rules, your contract will be valid and effective.
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Development of the contract and development of the contract are important stages in the process of making agreements in business. Correct writing of the contract or writing of the contract will help to avoid misunderstandings and ensure clarity in the relationship between the parties. When concluding agreements, it is worth paying special attention to writing a contract, drafting a contract, and drafting a document as a whole. This involves attentione attitude to details and compliance with all legal norms. If you are planning to draw up a contract, order drafting a contract by a lawyer, consider the following tips for best results. We know what does it mean deal, NDA. And if you need help, you can always turn to us.
