Contract

Contract

Secure your business by having a legal expert formulate your contracts.
A well articulated contract can create long-term business for both you and your business partner. The contract clarifies your relationship and sets guidelines for your obligations towards each other.

It is also a good way to secure a continuous relationship with your business partner. Having a written contract is a security for your business or personal assets. We establish both private and commercial contracts and set up government procurements for distributors on the public sector market.

Our lawyers write the contract, so you can dedicate yourselves to your core activities
Sometimes business can be well handled without a written contract. But if a conflict arises, it can quickly become expensive trying to resolve it. In addition, if a dispute is developing into a lawsuit, it can easily infect the relationship between the two parties and risk the loss of a business partner . It is often easier to resolve a conflict when there is a written contract at hand, and it is the safest way to avoid a legal process. Therefore, we highly recommend having a written contract when a financial agreement is being made.

H I Law Firm can set up agreements as:

• Cooperation agreements
• Purchase agreements
• Retail agreements
Franchise agreements
License agreements
• Delivery agreements
• Competition and confidentiality agreements etc.

Contact our legal experts for legal advice.

Contracts and other legal acts

The contract is one of the key elements of civil law. In Sweden, avtalslagen (1915:218) regulates the fundamental principles about entering into a agreement, within the property law. The main rule is that an agreement is binding for both parties.

Oral contracts are legally binding for both parties in the same way written contracts are. However, a written agreement is easier to prove the existence of, in the event of a lawsuit.

There are many different sorts of contracts. Within the family law there are, for example, cohabitation agreements, custody agreements, prenuptial agreements, property settlement agreements and wills. In property law, some of the most common contracts are commercial agreements, agreements between a trader and a private consumer and employment agreements.

Most contracts are so-called concensual contracts, i.e. contracts that are being concluded by agreement from both parties, either orally or by writing.

When people enter into contracts in their day-to-day life, it is usually in the form of concludent actions. For example, when we get on the bus or into a taxi. By doing this we are entering into a contract with the transport company.

 

Writing a contract | Formal contracts and real estate purchase agreements

In some cases, a contract is binding only in writing form. The formal requirement, that the contract is in written format, regards some types of contracts within family law and housing law. For a real estate purchase to be valid in accordance with the Swedish Code of Land Laws (1st article, chap. 4,), the document of purchase must be signed by both seller and buyer, contain information about the purchase price and have a Real Estate Transfer Declaration.

A contract can be the result of long negotiations between large companies regarding terms of delivery. It can also be a standardised contract between a trader and a private person. A third form of setting up a contract can be a collective agreement between an employers' organisation and a labour's organisation regarding the terms of employment and wages.

Real estate owners, creditors and some organisations and companies often work out a finished contract templates, in accordance with their interests in the matter. The counterpart then has to accept all terms within the contract if s/he want to enter into the contract at all. Therefore, the party presenting the contract have the upper hand. Most people sign these contracts without having read the terms thoroughly.

The main element to a contract being formed is an offer from one part being accepted by the other. In legal terms, this is called offer and acceptance. When an offer is not given by word of mouth, but by letter or assistive technology such as email, there is a term of acceptance for the offeree. An offer is binding during that time period and cannot be recalled by the tenderer in any event. If the tenderer wants to recall the offer after it has been sent, s/he must recall the offer before, or at the same time, the offer is being received by the offeree.

According to the rules of law regarding contracts, it is not possible to enter into a contract without performing a legal action, a so-called negative option contract. Therefore, you are not obliged to pay for a product someone, a trader for example, have sent you without any previous order from you.

H I Law Firm will help both private persons and companies to form contracts in accordance with the clients needs, and can assist by conflicts or lawsuits that may arise because of the contract.

Get in touch with us today, and we will help you set up and review the contract of your interest.

 

 

SWEDEN-MAINOFFICE

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0046 8 6840 5555

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Law Contract - H I Law Firm