Commercial contracts

Agreements and contracts. Both words are used interchangeably and are interchangeable in the civil law tradition. This is not the case in other legal systems, see for example the Anglo-Saxon legal system.

Contracts in an international setting

Companies do business all over the world. Most contracts are in writing. What types of contracts and contractual systems are used in international trade in goods and services?

In principle, there are two main systems of contract law. The first system is the Anglo-Saxon legal system, which is mainly used in the US, Canada, the UK and the Commonwealth countries. The second legal system is civil law, which is mainly used in countries with a Latin influence, for example in continental and Eastern Europe, South America and some countries in Africa and Asia. The concepts of agreements, contracts and stipulations are in principle used interchangeably in the civil law system.

An agreement under Anglo-Saxon law is a broader concept. All contracts are agreements, but all agreements are not necessarily contracts. Agreements under Anglo-Saxon law are rather exemplary contracts and as soon as both parties execute the agreement, the agreement becomes an enforceable contract.

Oral and written contracts

Is it really necessary to have a written contract? In both legal systems, an oral agreement may be legally binding in the given circumstances. Under Anglo-Saxon law, oral agreements and oral contracts are generally valid and legally binding as long as they are reasonable, fair and agreed in good faith. According to the civil law system, a verbal agreement can even be a contract, as long as it can be effectively demonstrated as such.

The weakness of oral agreements in both legal systems is that it is difficult to prove their existence and that it is difficult to enforce them. Contracts that are clearly written and executed are easier to present as evidence in court than the testimonies of the contracting parties.

Contract process

In most companies, the contracting process can be slow and bureaucratic. Increasing speed, reliability and agility has a direct effect on turnover. Shorter sales cycles are crucial for better cash flow. Our “close deals faster” program allows us to streamline the legal part of your sales process, resulting in a shorter sales cycle, with a direct impact on your revenue.

What can we do for you?

We can review contracts that you have drawn up yourself or review contracts that you have received from a (potential) client. We will completely review the legal wording, structure, logic and commercial viability and we will adapt or propose alternatives if and where necessary.

We can prepare and draft any type of contract in any of the 23 languages of the European Union.

We can assist during the contract process with any negotiations, either on demand or on site, and we can amend the contract so that both parties are satisfied with the outcome.



Commercial contracts

Agreements and contracts. Both words are used interchangeably and are interchangeable in the civil law tradition. This is not the case in other legal systems.

General Terms and Conditions

In general terms and conditions you lay down rights and obligations that you and the company you do business with must adhere to. As an entrepreneur you have to deal with many different parties. This could be private individuals, companies or governments.

Confidentiality agreement

A non-disclosure agreement or NDA is also known as a confidentiality agreement. This is an agreement specifically designed to protect the confidential information of one party or of both parties, or more than one party, and to ensure that such information is not in the public domain.

Sales or Purchase Agreement

Different wordings are used for the sales contract. It is also referred to as sales agreement or purchase agreement.

Force majeure with

Force majeure clause in the event of a pandemic such as the Coronavirus or other diseases that break out on a global scale. The question is whether it is legally possible to terminate an agreement on the basis of the corona virus.

SaaS or Cloud Agreement

Different terms are used for this type of agreement. In addition to a SaaS agreement, this agreement is also written in full as a Software-as-a-Service agreement or as a Cloud Agreement or Cloud Service Agreement.

Service agreement

A service arrangement is a document in which two parties agree that one party will provide a service and the other party will pay for that service.

(Software) License Agreement

The license agreement is an agreement between the owner of a certain form of intellectual property (such as a patent, a certain copyright or trademark right) and another party who wants to use this intellectual property under certain conditions.
All Commercial Contracts

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