Law of Obligations

An obligation is defined as an economic legal relation between two or more people, one of which is entitled to consideration that the other party or parties have undertaken to deliver. Some obligations derive from law, but most of them arise from contracts.

 At Gimbrère International Advocaten, we advise and support companies in the preparation and execution of contracts, aiming at the balance between legal aspects and the commercial interest of the company. Besides, we deal with general matters in contracts, such as duration, capacity to rescind the contract, terms and conditions and termination. We guide our clients by drawing up agreements carefully and sometimes reviewing them, mostly focusing on their general terms and conditions. A peculiar characteristic of the general terms and conditions is that they are often written by only one of the parties. Usually, the counterpart is not aware of their content and scope and this may lead to unpleasant surprises. 

In the Law of Obligations, specially, the solution to a problem is not a mere technical issue, but it also involves making a well-founded judgement on what is fair and reasonable in a certain case, for example. The principle of justice and reason is an "open principle" that offers the court the possibility of smoothing over a contract, but it is something very specific to the particular facts and circumstances of the case. This is so in order to prevent it from affecting (too deeply) legal security. In the end, as at the beginning, you should be able to trust the (contractual) agreement with the other party.

In general, it is better to solve legal issues out of court. But sometimes the legal process is unavoidable, or even desirable. We count with broad experience in Procedural Law and we know what is viable and what can be expected.

 

 

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