General contract law

Contract law forms the legal framework for a variety of legal transactions in daily life. However, the rules and regulations concerned are not summarised on a uniform basis.

What can you agree contractually, and what do you need to look out for? How can you cover as many risks as possible? How can a legal transaction be rescinded? How can you protect yourself from payment default? Is it mandatory to define General Terms and Conditions? You will receive appropriate answers to these and many other questions from the proven specialists at Balmer-Etienne. We listen to you and then compile a contract matching your specific needs – regardless of which purposes you require it for. If necessary, we will include colleagues from other specialist areas to clarify tax-related questions, for example. We thus ensure a holistic approach towards the matters to be regulated.

What is contract law?

In a contract, at least two corresponding declarations of intent are submitted with the aim of achieving a legal success. Anyone concluding a contract therefore commits to fulfilling the individually identifiable contractual services. Contractual law is thus distinguished by freedom of contract. This most important consequence of what is known as private autonomy means that the contracting parties are free to establish the conclusion as well as the content of a contract. However the freedom of contract is also subject to restrictions. A contract may not violate mandatory statutory provisions or, for example, transgress standards of public decency.

Here, contractual partners are not private persons, but also companies, authorities and other institutions. A contract can be concluded either verbally or in writing, whereby special formalities must be observed in some forms of contract (such as property purchase agreements).

Typical contract types which are at the same time regulated by law can be, for example:

• purchase agreement
• donation agreement
• rental contract, lease agreement
• contract of loan and loan agreement
• employment contract
• marital and inheritance contract
• order and contract for work
• deposit agreement
• guarantee contract

In addition, numerous contracts exist which are not explicitly regulated in legislation – for example, what are known as innominate contracts, such as leasing contract, licence contract, joint venture contract, mobile phone subscription contract, franchise agreement, exclusive distribution contract, etc., the contents of which can be agreed individually between the parties.

What are General Terms and Conditions (GTC)?

General Terms and Conditions are contractual conditions which a contractual partner has pre-formulated for a variety of different cases and submits unilaterally to the other contractual partner when the contract is signed. The aim is that these conditions (contained in the GTC) no longer have to be negotiated individually (“small print”). This can considerably simplify and shorten a contract, provided that the other contractual partner accepts the GTC.

Balmer-Etienne services in general contract law

With our wide-ranging expertise in contract law including GTC, we offer you practice-based, practical and competent consulting and help you to deal with everyday contractual situations, even where complex contractual negotiations are concerned.

The Balmer-Etienne advisory portfolio includes, in particular:

• pre-contractual consulting and clarification of facts involving all relevant aspects
• review and setup of legally watertight contracts of all types
• review and setup of legally watertight GTC
• solution-oriented support in contractual negotiations
• assistance in assertion of contractual claims
• contract conflict management (contractual service disruptions)
• contract monitoring (deadline monitoring)