Review and draft contracts

Linguistic formulation

This wording has a positive or negative effect on determining the content of the contract and the legal effects that arise from it.

– In terms of positive impact: correct linguistic formulation prevents disputes over the contract and its interpretation. They are formulations with clear meaning and connotation, such that they conceal from the two parties to the dispute (or parties to the contract) the problems of interpreting it according to what one of the parties wants or sees in its interest as a result of poor wording or the possibility arising from it.

– In terms of negative impact: Our experienced and reliable legal experts are able to study the contract in terms of its composition (initially), keeping in mind any ambiguity in the meaning that may occur intentionally or accidentally through what is dictated or stipulated by one of the parties to the contract. This legal (preventive) process practically prevents it from falling into legal obligation by identifying in advance what it can be based on to bear its binding legal consequences later.

The negative drafting process, the effects of which must be eliminated after the conclusion of the contract, is represented by an in-depth study of the gaps. Through which the opponent gains an advantage; It makes him possess a legal position protected by the rules of law and judicial rulings.

Legal drafting

Contracts are not based on linguistic formulations – only – but, in addition to previous formulations, they are based on legal formulations that have an effect that appears when they are implemented. The inclusion of a legal condition

In order for one party to adhere to it (later). It may carry within it a danger to the other contracting party, given that this condition hides behind it the application of other conditions that the party has made a requirement of its existence (such as an agreement to abandon arbitration, for example). One of the parties to the contract – who is a foreigner – is obligated to implement a law that he does not want, which is the contracting party’s law. The other thing that is in the interest of this contract is that it is the national law that protects it.

Therefore, the legal drafting requires knowledge of the contracting conditions for the parties to the contract, and it also requires knowledge of the laws related to the contract, its formation and implementation, with one of these laws having priority in application according to what the rules indicate in it, regardless of the contractor’s knowledge of the other law and his obligations that are reflected in his contractual relationship. Bindingly and negatively.

Contracts under the interpretation of the courts

Judicial rulings may result in (subsequent) interpretations of contracts that are addressed by the courts concerned with their implementation through the automatic adjustment process carried out by the judge to determine his jurisdiction to decide the dispute over the contract. In most cases, the judge does not adhere to the description given by the opponents to their requests, as it falls upon him to apply the law through the correct description determined by the legal rules that he must apply to the dispute. In this case, the course of contract implementation will inevitably change to the description that the judge gives to the contract, and therefore our legal experts deal with the care of an experienced expert to adapt to this new legal position expressed by the judiciary, far from what the parties to the contract intended. In this regard, our jurists have sufficient experience and the necessary legal expertise to clarify the position of our agent in the dispute, because the litigation process does not stop at the limits of implementing the contract according to its provisions, but rather it is a legal description that finds its support in effective legal texts, which are reviewed by the competent judge and helped by the lawyers to confirm or establish them. In the lawsuit.