How can I create a legally secure contract?
December 20, 2022 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
my name is Konrad Seebauer and I am a self-employed entrepreneur. In my industry, it is common to enter into contracts with customers and business partners. However, I have had negative experiences in the past, as the contracts were not always legally secure, leading to disagreements and disputes.
Therefore, I want to ensure that my contracts are legally sound in the future to avoid any potential legal conflicts. However, I am unsure about which legal aspects and clauses I should include in my contracts to cover all eventualities.
My goal is to ensure that both my interests and the interests of my contract partners are adequately considered, and that all agreements are clearly and understandably formulated. I want to avoid any misunderstandings or interpretation difficulties.
Could you please provide me with specific advice and recommendations on how to legally secure my contracts? Which clauses and formulations are particularly important to avoid legal disputes? Are there any specific legal requirements that I should definitely consider in contract drafting?
Thank you in advance for your support, and I look forward to your professional guidance.
Sincerely,
Konrad Seebauer
Dear Mr. Seebauer,
Thank you for your inquiry and your trust in my expertise in contract law. It is understandable that as a self-employed entrepreneur, you are interested in ensuring that your contracts are legally sound to avoid potential conflicts. Careful contract drafting is essential to adequately consider both your own interests and those of your contracting partners.
To avoid legal disputes, it is important that your contracts are clearly and unambiguously worded. All agreements should be documented as precisely as possible to avoid misunderstandings or interpretation difficulties. Furthermore, you should ensure that the contracts contain all relevant legal provisions to establish a secure legal basis.
Certain clauses and wordings are particularly important in contract drafting. First and foremost, you should ensure that the contracts clearly identify the contracting parties and describe the subject matter of the contract unambiguously. In addition, provisions regarding contract duration, compensation, performance and delivery conditions, as well as liability and warranty should be included.
I also recommend including provisions in your contracts regarding contract termination, confidentiality of confidential information, dispute resolution, and jurisdiction. General terms and conditions (GTC) can also be helpful in creating standardized rules for your contracts.
In contract drafting, you should also ensure that your contracts comply with applicable law. This includes compliance with legal provisions such as the Civil Code (BGB) or the Commercial Code (HGB). Industry-specific regulations should also be taken into account.
It is advisable to seek advice from an experienced lawyer in contract drafting to ensure that your contracts are legally sound and all relevant aspects are adequately considered. I am available for a personal consultation and to support you in the legally secure drafting of your contracts.
I hope that my advice and recommendations will be helpful to you and I am available for further questions.
Best regards,
Mia Schulz, Attorney at Law
