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Practice areas · 01
Business contracts
Drafting, reviewing and upholding the relationships your revenue depends on. Between companies, the law presumes the parties negotiated on equal footing and requires respect for the allocation of risk set down on paper. That is why the best time to review is before signing.
When to seek advice
Before signing, or when the contract has started to cause problems.
Situations that usually bring companies to this area.
01“We signed a contract and now it has us trapped.”
02“An essential supplier broke the contract without a reasonable cause.”
In practice
What is usually at stake
Summaries of answers from the Frequently Asked Questions page. Each card leads to the full answer.
01Contract drafted by the other partyReviewing it is worth it, and it is the moment of highest return in the whole cycle. A review is not rewriting everything.Full answer in the FAQIs it worth reviewing a contract the other party sent ready-made?
02Contractual penaltyIt can be reduced when the obligation was partly performed or when the amount is manifestly excessive (Civil Code, arts. 412 and 413).Full answer in the FAQCan the penalty set in the contract be reduced?
03Leaving before the term endsThere are three doors: breach by the other party (art. 475), termination without cause provided for in the contract, or termination by notice of a contract with no fixed term, with limits when there was investment.Full answer in the FAQCan I terminate a contract before its term ends?
04Economic dependenceThe same 30-day termination clause is irrelevant to a company with a hundred clients and existential to one with three.Full answer in the FAQWhat is economic dependence and why does it change the contract?
05ExclusivityWithout a target, it is a blank check. With a target, a term, a territory and an objective criterion for losing it, it protects.Full answer in the FAQDoes exclusivity protect or harm?
06Rising costsNot every increase allows renegotiation: excessive onerousness requires an extraordinary and unforeseeable event (Civil Code, arts. 317, 478 and 479).Full answer in the FAQDo rising costs, inflation or exchange rates entitle me to renegotiate?
Industries
Industries close to this area
Industry knowledge shortens diagnosis: it changes standard contracts, market practice and what decision-makers consider reasonable. We say so before starting when that familiarity is absent.
- Distribution
- Supply
- Franchising
- Real Estate and Construction
- Transportation and Logistics
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