Law of obligations and contracts

 

The law of obligations and contracts is a broad field where rights and obligations arise from unilateral or multilateral legal acts. However, it is also possible for obligations to arise directly from the law without any contract, as is the case with tort liability. It could even be argued that all obligations originate from the law. Obligations can arise from a unilateral legal act such as a donation or from a natural obligation. Most of the obligations we discuss here, however, arise from a contract.

Articles 5.69, 5.70, and 5.73 of the Belgian Civil Code (formerly article 1134 of the old Civil Code) stipulate that all legally concluded contracts have the force of law for those who have entered into them. They can only be revoked with their mutual consent or on grounds recognized by law. The contracts must always be executed in good faith by all parties, and abuse of rights is prohibited.

When a contractual party fails to fulfill its obligations, the court can be petitioned, and the plaintiff may choose to compel the defaulting party to perform the contract or to seek termination of the contract with compensation.

Some common special contracts include the sales agreement, lease agreement, insurance contract, and construction contract. Many contracts are strictly regulated by the legislator. These legal provisions can be of public order, imperative right, or supplementary right.

Concluding a contract raises many questions. How and when are contracts formed? What are the validity requirements? What if mistakes occur in the pre-contractual phase? What obligations do the contractual parties have? Which clauses are unlawful? Can obligations be suspended? What about force majeure? Is the contract enforceable against third parties? What are the legal consequences of forming a contract? How should a contract be interpreted and what are the rules of evidence? Can a contract be declared null and void?

You can come to us for the following services, among others:

• Review, advice, and thorough analysis of contracts
• Drafting of contracts, settlements, and general terms and conditions
• Assistance and advice to entrepreneurs
• Notifying a counterparty of default
• Acting as plaintiff or defendant when a contract is not adhered to
• Summons for forced execution or judicial dissolution
• Representation of a tenant or landlord in an amicable or judicial procedure
• Representation of a buyer or seller in an amicable or judicial procedure
• Acting as plaintiff or defendant for a contractor or principal when payment is not made or works are not properly executed