Why is it good to have a perfect contract

Postováno 20. 11. 2017 / Přečtete za: 2 min.

Is it necessary to write down everything?

  • An oral agreement is valid in the same way as a written contract. The contract is made as soon as the parties thereto agree about its content; it can be concluded by e-mail or SMS.
  • As of right, most contracts do not have to be written to be valid. I know some examples when two contractual partners have worked together without any problems for many years under an oral agreement, i.e. without a written contract, and it is completely all right. However, the written contracts are usually more appropriate.

Why is it better to have the contract in a paper form?

  • You will appreciate the well-written contract if you do not agree with your contractual partner and a problem arises. The contractual relationship no longer works as you imagined and it is necessary to find a solution.
  • The most easier solution of the problem should be found in the perfect contract where the contractual parties can read the clearly defined rights and obligations which might have been forgotten in the course of time. Ideally, the solution can be found in the contract and the situation will ease.
  • If the contractual partners fail to find such a solution in the contract or if they do not want to find it, the written contract can serve as a good reference document and means of evidence in the judicial proceedings. Proving of the content of an oral agreement is extremely difficult and sometimes practically impossible. It is much easier to submit the contract in which everything essential is put down to the court.

How to make a perfect contract?

  • When drafting contracts it is necessary to pay an extreme attention to an analysis of relevant statutory provisions as not everything you include in a contract must automatically be valid. If a certain provision in the contract, for example, contradicts the law, such a provision may become invalid and will be replaced with the relevant statutory regulation – and, in fact, the legal consequences other than you wrote in the contract and expected will arise.
  • Making a perfect contract requires legal expertise and a sufficient practice. I, therefore, recommend you to hire an attorney at law to make the perfect contract.
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Mgr. Jana Grohmannová

Attorney at law, a fan of parachuting and a karate champion

I am an experienced attorney at law with long-term practice. I specialize in the commercial law and the law of contracts as well as the corporate law.

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