Commercial and contract law

September 25, 2023

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Insights on legal domains

Commercial law belongs to private law and is more specifically related to business law. It governs the exercise of the trader's profession and delimits the legal constraints applicable to everything that would fall under a commercial act. However, even though it governs the activities of merchants, it can also apply to situations in which non-traders occasionally carry out commercial activities.

As for contract law, it belongs to civil law. Contract law is a branch of the law of obligations, as is liability law.

Although we can define the contract in different ways, it is subject to a certain complexity. Due to the growth of special contracts, the improvement of contractual technologies, the appearance of contracts in more and more diversified sectors and especially the influence of consumer law on the one hand and competition law on the other, the obligations of companies are becoming more and more numerous. Without the help of a legal team that evolves along with the market, it is easy to lose your footing in drafting or ensuring compliance of contracts and business practices within your company.

Commercial law and contract law come together in the development of commercial contracts. But what is a commercial contract?

Quite simply, a contract is qualified as commercial when it is a commercial act or when it is drafted by a merchant in the course of his activity.

The signature of a commercial contract can ensure the durability of a company. It provides a framework for commercial relations and prevents possible disputes. Nevertheless, a poorly drafted or undervalued contract can lead your company to loss. This is why our team is there to guide you, step by step, towards your objectives.

Indeed, your company must prepare itself to face an environment that tends to reinforce its regulations. It is then necessary that you learn how to manage your commercial stakes in order to reach your professional objectives.

Nowadays, business operations are becoming more and more frequent and require the utmost attention from experts in their fields.

Whether you need advice on commercial contracts or more specifically in terms of e-commerce, IT contracts, personal data protection contracts, intellectual property contracts, subcontracting and distribution contracts or even advertising, sponsorship, consumer sales and software franchising, our specialist lawyers offer legal and commercial advice whatever the legal form of your company, namely ;  

  • Scaleup & Innovators ;
  • SMEs & Freelancers ;
  • Non-profit organizations (NPO) ;
  • Legal and compliance departments.

We regularly connect our team of specialist lawyers with our clients to provide a service tailored to each client's legal needs.

Our commercial law team covers a wide range of services, such as advice on general and specific legal issues in commercial law, consumer protection, advice on contractual matters, the establishment and organization of distribution networks, advertising law, promotional activities, sales systems and unfair trading. We also assist you in conducting all your business transactions.

More specifically, we are competent to :

  •  Informing our clients about the commercial obligations to be respected
  • Controlling compliance with commercial obligations
  • Proactively advise on the structure of your business activities to help you exceed your objectives
  • Supporting our clients during the negotiation or pre-contractual phase
    - Determine the purpose of the contract
    - Determining the duration of the contract
    - Determine how the contract will be terminated
    - Determining pricing clauses
    - Determine the obligations and penalties for non-performance of thecontract
    - Enter into a confidentiality agreement
    - …
  • Drafting contracts on a nationaland international scale, for example;
    - Commercial distribution agreement
    - Concession contract
    - Franchise agreement
    - Commercial agency contract
    - Sale and purchase contracts
    - Lease, loan, donation contract
    - Service contract
    - Contract for the acquisition or transfer of a business
    - Contract for the acquisition or transfer of copyright
    - …
  • To intervene in the drafting ornegotiation of commercial leases;
    - Drafting of the rental lease agreement
    - Lease disputes
    - Termination of the lease
    - Eviction proceedings
    - …
  • Intervening in the collection(judicial and extrajudicial) of your debts in Belgium and abroad
    - Internal company procedure
    - Formal notice
    - Legal action
    - Collection fees
    - …
  • Analyze contractual obligations related to foreign laws
  • Creating and drafting terms and conditions, especially on disclaimers;
    - General Terms and Conditions of Sale (GTCS)
    - General terms and conditions of use (GTCU)
  • Spreading the costs and risks of transporting and delivering goods in an international sales operation
    - Advice on Incoterms (International Commercial Terms)
    - Drafting of reservation clauses on Incoterms
Our team is also competent to represent and manage the interests of our clients in case of litigation to determine the responsibility between the business partners

 

More specifically, we are competent to :

  • Represent our clients before the competent courts in case of disputes such as ;
    - Litigation related to the violation of contractual clauses and other signed agreements
    - Disputes concerning the use of language in commercial documents
    - Litigation concerning comparative advertising
    - Litigation related to trade promotion
    - Disputes concerning electronic commerce
    - Unfair Trade Practices Litigation
    - …
  • Advising our clients onarbitration proceedings in the context of dispute resolution
    - Arbitration under the rules of the International Chamber of Commerce (ICC)
    - Arbitration according to the procedures of the Belgian Centre for Arbitration and Mediation (CEPANI)
    - Ad-hoc arbitration in case of specific dispute
  • Supporting our clients in terminating business relationships
  • Supporting our clients in the termination of contracts

 

If you wish to benefit from a great expertise in the field of commercial and contract law with the help of lawyers adapted to your problems and able to offer you a tailor-made solution, do not hesitate to contact us. We can be reached by e-mail and on our website and will contact you within 24 hours.