Law of Obligations

Within our practice area of the law of obligations, we undertake the preparation of various contracts in a manner that protects the client's interests, the review of existing contracts, and the conduct of contract negotiations. In contract types such as sales contracts, works (contractor) agreements, service contracts, agency (mandate) agreements, and suretyship, we attach importance to the clear regulation of the parties' rights and obligations.

We provide legal support in claims for damages arising from breach of contract, non-performance, or defective performance, as well as in disputes relating to the invalidity, rescission, and adaptation of the contract.

Claims for restitution arising from unjust enrichment, the assignment of receivables, the assumption of debt, and proceedings aimed at the collection of receivables also fall within our practice area.

Claims for damages and penalty clauses due to breach of contract, as well as disputes arising from the termination of the contract, are frequently encountered matters. In such disputes, the interpretation of contractual provisions and the assessment of the burden of proof play a decisive role.

The collection of receivables, the calculation of default interest, the plea of the statute of limitations, and claims for restitution based on unjust enrichment also come to the fore in practice. Claims for the adaptation of the contract due to excessive difficulty of performance (hardship) may likewise arise.

The process begins with the examination of the contract, invoices, receipts, and correspondence that form the basis of the debt relationship. As a result of this examination, the rights that may be claimed and the legal grounds are assessed.

Depending on the nature of the dispute, the possibilities of resolution are first explored through formal notice and negotiation; in cases prescribed by law, recourse is had to the mediation process.

Where resolution cannot be achieved, recourse is had to enforcement proceedings or litigation; the proceedings are followed meticulously, and the client is informed at every stage.