Commercial Law & Law of Obligations
Commercial Law & Law of Obligations
Commercial Law, Company Law, Mergers & Acquisitions, Bankruptcy
Commercial law is part of the private civil law comprising a system of norms regulating the legal status of the traders, the registration, the changes in registration, their reorganisation and the relations into which they enter during the course of business.
The special provisions of the commercial law apply to the commercial relations, i.e. they take priority over the provisions of the civil law. The Civil Law provisions apply to the commercial relations only when there are no special commercial law provisions envisaged in Commercial Law.
A trader can be any natural person or legal entity whose business operations include any of the following transactions: purchase of goods or other items for the purpose of resale in their original, processed or finished form, sale of goods from own production, purchase of securities for the purpose of resale, commercial representation and agency, commission-based, forwarding and transport operations, insurance operations, bank and currency operations, bills of exchange, promissory notes and cheques, warehouse operations, licensing operations, stock control, intellectual property transactions, hotel, tourism, advertising, information, programme, impresario or other services, purchase, construction or furnishing of real estates for the purpose of sale, lease, as well as any person or entity that sets up an undertaking whose scope and volume of business require that its operations be managed in a commercial manner.
We will assist to ensure that you conduct your business affairs in a professional manner!
In this respect, we provide the following services:
– Registration of various types of trading companies and groups of commercial entities: consortiums, holdings, branches and representative offices of foreign companies
– Building of corporate structures
– Reorganisation of trading companies
– Mergers and acquisitions, initial public offering (IPO)
– Legal advice for start-ups
– Legal advice and preparation of the necessary legal documentation in case of liquidation of trading companies
– Legal advice and representation in commercial companies’ bankruptcy proceedings
– Transfer of shares and stocks
– Trade agreements
– Representation in local courts and institutions
Law of Obligations
The Law of Obligations, also known as contract law, is a system of norms regulating the contractual relations between legal entities. The main legislative framework is the Obligations and Contracts Act. It is part of Civil law and governs the entry into agreements, service performance (contractual obligation, conduct due under a contractual relation) by the party that is due to render it, performance and non-performance, methods of cessation of contractual relations, change in the parties under the relation, joint liability and indivisibility, collateralisation of the creditor’s receivable, unjustified enrichment, management of affairs without mandate (Negotiorum gestio), intentional or negligent breach of duty of care, also known as delict.
We will prepare your contracts with exceptional precision!
In this respect, we offer the following services:
– Preparation of all kinds of contracts and agreements
– Advice on agreements governed by the Law on Obligations
– Legal assistance and defence of creditors and debtors
– Legal defence and assistance in case of delict
– Preparation of statements of claim and legal representation in contractual disputes
– Contract termination and cancellation
– Judicial and extrajudicial dispute settlement