Publication date: 01.07.2024
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.
A contract is one of the most important documents in business and personal legal relationships, as it establishes a clear framework and rules of the game for all parties involved.
Determination of the rights and obligations of the parties:
- The contract details the rights and obligations of each party. This avoids misunderstandings and ensures that everyone knows what they are responsible for and what is expected of them. For example, in business, the contract can determine the scope of work, terms of payment, deadlines and responsibility for non-compliance.
- Therefore, contractual relations, which provide a legal basis for cooperation between partners, play a key role in the business world. An important part of any business is contract development and contract development. This process includes both the writing of the contract and the writing of the contract, which define the rights and obligations of the parties, terms of delivery, payment, deadlines and other important aspects.
- One of the most important stages is the conclusion of the contract. This is the final confirmation of the agreement of the parties to the conditions that were determined during the development and conclusion of the contract. Once all the details have been discussed and agreed upon, it is time to draw up a contract or contract.
Proper development and drafting of the document is of great importance, since the success of further relations between business partners depends on the quality of these processes. It is important to draw up the document in such a way that it reflects all aspects of the agreement, is understandable to all parties and takes into account possible risks.
Process of developing and concluding an agreement or contract includes several key stages
Process of developing and concluding an agreement or contract includes several key stages: the initial development of conditions, writing the text, detailed drafting of the document and its final conclusion. All these steps are fundamental for a successful business and ensuring the legal protection of the parties.
Question
How start with the fact that the legislation does not define clear rules or methods of writing contracts?
Answer
Let's start with the fact that the legislation does not define clear rules or methods of drafting a document by a lawyer. This means that the compiler has the same freedom of creativity as any other author. However, the contract must comply not only with legal norms, but also with the laws of logic and the rules of modern language. A well-drafted contract is characterized by clarity, logical consistency, internal coherence, grammatical correctness and aesthetics. It should not contain inappropriate information, ambiguities or vague provisions.
In order to write a high-quality contract, it is necessary to strive for the following goals:
The contract must be clear not only to the authors, but also to any other person, the structure of the contract should ensure easy finding of the necessary conditions and their comparison with other provisions.
Structure of the contract
The main unit of the structure is a section, which is distinguished by a number and a name corresponding to the topic (for example, 2. PRODUCT, 4. DOCUMENTS). Sections can be divided into clauses, which in turn can be divided into subsections or paragraphs.
- Section: Distinguished by a number and a title. For example, 1. INTRODUCTION.
- Clause: An important provision without a name, indicated by Arabic numerals with a period
- Paragraph: A portion of text that is indented on the first line.
- Subclause: A part of a clause that has its own designation
Sections and their components should be organized sequentially, with the same order of numerical or letter designations.
Logical sequence of presentation of information
The structure of the order drafting a document by a lawyer is not fixed and each contract may require its own organization. However, there are general principles of logical presentation of information:
- NDA, deal. General provisions before specific ones.
- Important conditions before less significant ones.
- Permanent conditions before temporary ones.
- Conditions for the implementation of the contract before the administrative ones.
- Absence of inappropriate information.
Placement of general and specific provisions:
The introductory part contains the general provisions: name of the contract, date, place of conclusion and information about the participants. The name of the contract must clearly reflect its content. The date of installation is usually determined by a calendar date with a number, month and year. The place of installation usually indicates a settlement.
Regarding participants: The introductory part contains minimal information about the counterparties, for example, abbreviated names of the parties and their roles. In the final part, you can specify full names, addresses, bank details and other detailed information.
Use of terminology. The terminology in the contract should be. Unambiguous: Each term must have only one meaning in the context of the contract.Comprehensible: Terminology should be accessible for understanding.
Drafting a document. Contract writing style. The contract must clearly reflect the rights and obligations of the counterparties. Use compound sentences with a clear indication of action.
Avoid passive voice whenever possible. Use verbs that describe specific actions: "pay", "deliver", "download". Prefer positive suggestions over negative ones. Use the future tense to describe actions that have yet to be done.
Parallelism of structures: Ensure the same order and style in similar structural elements. Example: 3.1. Supplier's rights 3.2. Responsibilities of the Supplier 3.3. Rights of the Buyer 3.4. Obligations of the Buyer
Business, contract - simple sentences: use short, simple sentences for easier understanding.
A drawing up a contract by a lawyer document that records the will of the parties and defines their obligations. For the effective functioning of the order drafting a contract by a lawyer, it is important to clearly formulate the provisions, avoid ambiguities and ensure the clarity of the statement. We invite you to a consultation on drawing up a drafting a contract to discuss all the details and conditions that will protect your interests. Our office offers individual consultations on drafting contracts; we will help you create a document that will meet your business needs. We invite you to a meeting to discuss writing a contract; we will make sure that all legal aspects are taken into account. To ensure the maximum efficiency of your business, we invite you to a consultation on concluding a contract.
