Preparation of contract

Preparation of contract

Author

Perepelchenko Anatolii

Contract drafting services

Sooner or later, each person in his life is faced with issues of contract law. Our relationship in society is based on the contract. Even having bought bread in a store, we enter into a purchase and sale agreement without even thinking about it. But there come times when small household transactions become painful. For example, the purchase of real estate, vehicles, employment under a contract, the implementation of repairs or the provision of services for the maintenance of equipment. All of these listed categories fall under contract law. That is, the relationship that surrounds us is built on contracts.

There are different agreements:

verbal;

written;

notarized.

And whatever one may say, but it is not always possible to perform this or that action only on trust, very often it becomes necessary to consolidate the relationship in writing, that is, to conclude an agreement.

An agreement is an agreement to the parties on mutual rights and obligations on a particular issue.

It is at this moment that the question arises, how to draw up a contract correctly? And the first place where we turn for help is the Internet, where there are many options for contracts, rules for writing contracts, which are often not up-to-date enough. After all, the legislation is changing, and the documents that are freely available on the network do not always correspond to these changes.

What do you need to protect your interests or rights when drawing up a contract?

• Determine the type of contract. There are many contracts and it is on the specific type of contract that its conditions depend. To do this, the best option would be to contact a lawyer who specializes in the legal drafting of contracts. A lawyer will not only help to determine the type of contract, but also suggest what conditions to prescribe in order to maximally protect the interests of the client.
• Think over the terms of the contract, which will be spelled out in the contract. Here it is necessary not only to apply the basic (essential) conditions, but also to provide and write down the smallest details so that in the future you do not have to dispute or supplement the contract.
• Carefully read all the terms of the contract, not only the validity period and calculations, but also the procedure for terminating the contract and amending it, resolving disputes, exemption from liability for non-performance of the contract, penalties, etc.

When to contact a lawyer and in what cases is a lawyer needed when drawing up a contract?

It should be noted that a lawyer is like a doctor, he is always needed. First of all, for consultation, in order to carry out a legal analysis of the contract and determine it is necessary to conclude this contract in general.Dmitry Chernikov

For example, a client turns to a lawyer to invalidate a loan agreement because it has been found that its terms are unfair to the client. But it would be much easier to resolve the issue if the client turned to a lawyer at the time of his imprisonment, where it would be possible to study it and prevent negative consequences. Or, having signed an agreement on the performance of work, it turned out that the Agreement provides for large penalties, and amendments to the agreement or additions are not provided for by the agreement. And in such cases it is much more difficult to protect the interests of the party, but it would have been done at the stage of drafting agreements.

Of course, everyone is worried about the cost of drawing up a contract, saving on drawing up a contract by lawyers can lose much more in the future.

In order to draw up a contract, the price can be negotiated with a specialist.

What points can a lawyer study and suggest important points in the preparation and execution of contracts?

• Agreement for the sale of real estate, vehicles, etc.;
• loan agreements and loan agreements;
• mortgage agreements;
• drawing up an employment contract;
• international agreements;
• lease agreements for premises or land;
• exchange agreements;
• donation agreements
• drawing up a contract for the provision of services;
• drawing up a contract;
• inheritance contracts, contracts of life support and others;
• A lawyer can help you draft contracts online.

Stages and rules for drafting a contract

• Name of the agreement (agreement, agreement or contract);
• the date and place of the conclusion of the contract, and if the parties to the contract are registered in different places, then the place of drawing up the contract can be registered by agreement of the parties
• the introductory part of the contract; it contains the names of the parties (surname, name, patronymic or name of a legal entity), passport data, place of registration and place of actual residence;
• subject of the contract – about what the contract is concluded (delivery of goods, performance of work, etc.), when determining the subject of the contract, the KVED of the party should be checked, that is, the party to the contract has the right to carry out the activities that it offers,
• the rights and obligations of the parties to the contract,
• responsibility of the parties for non-performance or improper performance of the contract,
• contract time;
• contract price and settlement procedure,
• terms of termination of the contract and the procedure for its termination or extension,
• settlement of disputes;
• force majeure,
• other terms of the contract; in this section, you can provide for the procedure for making changes and additions to the agreement, and other conditions that the parties wish to prescribe;
• details of the parties;

This is an approximate list of conditions that should be in the contract, but for example, the rules for drawing up a contract for the provision of services may differ slightly.

The role of a lawyer in drafting contracts:

• analysis of the contract and discussion with the client of all aspects of a future transaction;
• help in drawing up a contract, a decision regarding the type of contract, the mandatory conditions that will be spelled out in the
  contract;
• preparing a draft contract and submitting it to the client for approval;
• preparation of the final version of the contract;

Another important service for drafting contracts is the legal support of the client from the moment of receiving an offer to conclude a contract until it is signed by the parties. After all, the presence of a lawyer at the negotiations on the conclusion of an important transaction adds confidence that all important points will be provided.

If we analyze the judicial practice on the execution of contracts, their recognition as invalid or termination, then most of the contested transactions only because the parties approached their conclusion rather frivolously, did not provide for important points at the time of the legal drafting of the contract. It is not worth saving on the help of a lawyer or attorney when drawing up a contract, because what kind of savings over time can lead to even more costs in court proceedings. After all, a timely legal analysis of the contract is a guarantee of confidence in important matters.

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