I am at your disposal with advice and assistance in the negotiation, drafting and interpretation of various types of contracts as well as in disputes arising from contracts.
Contracts govern the legal relations between the parties in a transaction concluded between them. If something is not governed by the contract, the statutory regulations apply. If this is not clear or there is scope for judicial discretion, ambiguities and the potential for disputes remain. If there is no statutory provision, there may be a contractual loophole, also with the potential for disputes. If there are ambiguities, contracts must be interpreted.
With good contracts, ambiguities and uncertainties can be largely avoided. I advise and represent my clients in the negotiation and conclusion of contracts and support them in the formulation and protection of their interests through clear, structured provisions in the contract.
- Formulation of contracts
- Negotiation of contracts
- Review of contracts
- Interpretation of contracts
General terms and conditions (GTC) contain standardised regulations that apply to all concluded contracts of the same type. Good GTC facilitate operational procedures for the company and relieve individual contracts of lengthy regulations. For GTC to be valid, they must be integrated into the contract.
- Drafting of GTC
- Review of GTC
- Amendment of GTC
- Adaptation of foreign GTC to Swiss law
Employment contracts are the most important basis of contractual relationships for both employers and employees. See Work
- Formulation, negotiation, review and amendment of employment contracts
- Enforcement and defence of claims arising from employment contracts
With the simple mandate, the agent acts on behalf of the principal and must carry out the business or services assigned to him or her in accordance with the contract. The contract between the parties shall specify the business or services assigned and regulate the rights and obligations of the parties. The contractor has a duty to render services, not a specific success. Contractual relationships may in principle be terminated at any time.
- Review, drafting and amendment of mandate agreements
- Assertion of claims arising from the contractual relationship
- Defence against claims arising from the contractual relationship
In loan agreements, the payment of the loan amount, a possible time limit (term), a possible interest rate and, if applicable, also securities are to be regulated.
- Review, preparation and amendment of loan agreements
- Assertion of claims arising from the loan agreement (disbursement of loan amount, interest, repayment, etc.)
- Defence against claims arising from the loan relationship
The franchise agreement is not regulated by law. As a rule, the provisions of the law on tenancy, the law on sales and the law on mandate agreements apply if the franchise agreement is unclear. It is therefore important for the parties to draft franchise agreements as clearly and in as much detail as possible.
- Review, drafting and amendment of franchise agreements
- Enforcement of claims arising from the franchise agreement (obligations of the franchisor or the franchisee)
- Defence of claims arising from the franchise agreement
Most sales contracts are straightforward and are concluded and fulfilled on a daily basis. Purchase agreements on more complex matters such as real estate or businesses need to be carefully drafted.
- Review, drafting and amendment of purchase contracts
- Enforcement of claims arising from the purchase contract (delivery, defects, payment of purchase price, etc.)
- Defence of claims arising from the franchise agreement (warranty, reduction, etc.)
With a licence agreement, the licensor grants the licensee the use of an intangible asset (trademark, patent, software, etc.) in return for a licence fee. The licence agreement is not regulated by law. The rights and obligations of the parties must therefore be precisely regulated in the contract (intangible asset, permitted use, exclusivity, licence fee, breach of contract, etc.).
- Review, drafting and amendment of licence agreements
- Enforcement of claims arising from the licence agreement (performance of the licensor, payment of the licence fee, etc.)
- Defence of claims arising from the franchise agreement
Real estate agency contract
With a real estate brokerage or agency contract, the agent undertakes to arrange business opportunities for the client. The client agrees to pay a fee (usually a contingency fee) for the agent’s services. The rights and obligations of the parties are to be regulated in the agency contract.
- Review, drafting and amendment of real estate agency contracts
- Enforcement of claims arising from the real estate agency contract (brokerage fee, etc.)
- Defence of claims arising from the real estate agency contract (brokerage fee, etc.)
Tenancy agreements are the basis of contractual relationships for both tenants and landlords. See Rent
- Formulation, negotiation, review and adjustment of tenancy agreements
- Standard form contract (esp. supplemental agreements)
- Individual agreements (esp. for business premises)
- Enforcement and defence of claims arising from tenancy agreements
Payment by instalments
An instalment agreement is an agreement to pay off a debt in instalments. In particular, the debt to be repaid, the amount and due date of the instalments, the accrual of interest and the consequences if an instalment is not paid are to be regulated.
- Formulation and negotiation of instalment agreements
- Enforcement of the instalment payment, the interest payment or the total claim
- Defence against claims arising from instalment payment agreements
With a contract for work and services, the contractor undertakes to produce a work (construction work, production of printed matter, etc.) for the client. The client undertakes to remunerate the contractor for the work. Disputes may arise, for example, if the work is defective.
- Review, drafting and amendment of contracts for work and services
- Enforcement of claims arising from the contract for work and services (remuneration for work and services, claims for defects, etc.)
- Defence against claims arising from the contract for work and services