Entering into agreements
A legal entity can enter into agreements. This works differently than with natural persons. A legal entity itself cannot enter into an agreement. The legal person must be represented. Usually by the board (the management). Agreements can also be entered into by the company in formation (bv or nv i.o.) in the incorporation phase. These must be ratified after incorporation. A company often concludes purchase agreements or rental agreements with customers or suppliers or an employment contract with its staff. It is wise to involve a lawyer in drawing up or verifying an agreement. For all agreements you can contact AGA Lawyers.
Law of obligations
Unconsciously, you conclude several agreements yourself in one day. Whether you are acting as an entrepreneur or privately, everyone buys goods and services. Think, for example, of buying a train ticket, a drink on a terrace or groceries in the supermarket.
Commitments
Entering into commitments under agreements is something commonplace and very common. Contract law is therefore a broad area of law, a jurisdiction that both entrepreneur and private individual have to deal with on a daily basis. From these agreements, which are entered into every day, rights and obligations arise directly for both parties. An agreement is really nothing more than an agreement between two parties, in which everyone indicates that he or she will comply with his or her obligations. It does not matter whether this agreement is entered into orally or in writing.
Contract law is the most extensive area of law in Dutch civil law. An obligation is the result of a unilateral or two-sided legal act or of a factual act (such as an unlawful act) between (legal) persons. This may be a commitment from the law, an obligation from an agreement or a natural obligation.
Agreements
Most of the commitments you enter into as an entrepreneur are agreements. Common agreements are the purchase agreement, employment contract and rental agreement. If a party fails to fulfil its obligations under a contract, it will commit a breach of contract. You can then claim compliance with this agreement. If this does not have the desired result, you can give the other party default. If your counterparty still does not comply with its obligations, the default will take effect. The consequences of the occurrence of the default can be far-reaching. Consider the following situations:
Do you have a problem with an agreement? On the page 'I have a problem with an agreement' we give you some tips
In
addition to obligations arising from a contract, obligations can also arise directly from the law. The most important of these is the so-called unlawful act. The unlawful act includes a multitude of damages. Examples include product liability, the destruction of goods, personal injury in traffic accidents, unlawful publication and so on. In most cases, you are then legally obliged to compensate the damage suffered by the other party. This is because an obligation arises to repair or compensate for the damage.
Examples of agreements
Most disputes have an agreement as their main subject. We regularly draw up agreements, screen them for our clients and conduct proceedings about agreements. Below you will find examples of agreements that we can draw up for you, or where we can advise or assist you:
The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within corporate law. In the event of a conflict regarding corporate law, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.
Contact AGA Lawyers
The corporate lawyers of AGA Lawyers can do a lot for you, such as guiding you throughout the entire process. Feel free to contact one of our expert corporate lawyers for a 1st free intake interview.
TELEPHONE: 040-8444523 (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL: info@agajuristen.nl or contact form on the right side of our website.
More information
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