General principle existing from the Roman times is pacta sunt servanda, which means agreements must be kept. However, his principle does not say anything about the form of the agreement. Generally, at the time of closing an agreement contracting parties entering into the agreement have genuine intention to follow its principle and fulfil its terms and conditions. The same is true about an oral agreement. However, at some point in the future, intentions of the contracting parties may change if there will be new circumstances that the parties could not anticipate or if they find out that there is misunderstanding about the contract terms that was not clearly negotiated.
In Wise Advice, we explain our clients that all kinds of agreements need to be thoroughly negotiated and concluded in written form (not in the oral form). The reason for this is not only a lack of trust between contracting parties but rather to secure the fulfilment of the terms and to make sure that parties understandings about contractual terms coincide with each other. In addition, in the case of difficulties and obstacle for the execution of the contractual terms by the parties, written agreements provide primarily negotiated adequate solution for such circumstances. In other words, contracting parties do not waste their time in additional negotiations to find solution or to negotiate other issues connected to the annulment, breach or early termination of the contract such as a relief or remedy for damaged party. Generally, agreements drafted with the involvement of the experience lawyers have the solution for every difficulty.
Therefore, drafting and concluding an agreement is always connected to many complex issues that cannot be addressed and balanced by the parties themselves or other professionals. However, in Wise Advice, we offer drafting the contracts with considering of our clients specific business needs and with tailored made solutions. The agreements that we make most often include:
- Sale and purchase agreement;
- Loan agreement;
- Rent or lease agreement;
- Mortgage or pledge agreement;
- Construction works agreement;
- Delivery and forfeit service agreement;
- Frenshizing agreement;
- Licenced agreement;
- And agreements between corporate partners on different issues and etc.
We can create any type of agreement according to your business service or dealing that may differ from aforementioned or from types of agreement consider by the legislation.