Law of obligations is one of the most encountered legal fields. On a daily basis people assume various contractual obligations. An ordinary purchase in the supermarket, a visit to the restaurant, or even an online purchase constitute a legal obligation and bear legal consequences.
Obligation is a legal relationship between two subjects – creditor and debtor. One party (creditor) is entitled to demand from the other party (debtor) to comply with the obligation, while the debtor is bound to perform his obligation. Obligation of the debtor can arise from various legal bases, mainly from contractual and non-contractual obligations. The most common origin of a contractual obligation is a contract between the creditor and debtor (sales contract, lease/rental contract, contract for work, etc.). On the other hand, the most common origin of a non-contractual obligation is the infliction of damage, or deprivation in either material (damage on a car) or immaterial area (physical injuries).
A dispute between the creditor and debtor about the subject of obligation is called a civil dispute. Parties may resolve the dispute amicably or with help of a third person (mediator). If parties cannot come to an agreement, one or both parties can request the court to resolve their dispute. Litigation before the court starts with a lawsuit. The person bringing the lawsuit (plaintiff) requests the court to render a decision about the legal relationship between the parties. Civil disputes are resolved in litigation, using litigation procedural rules. Litigation ends with the court rendering a decision (judgment or order). If a party (debtor) is imposed with an obligation to pay, do or incur something by a final and binding judicial decision, and the party does not comply with it voluntarily, a creditor may use the court-ordered debt enforcement procedure to make the debtor perform the obligation.
Our services in the field of Law of Obligations:
- preparation of all types of contracts (sales contract, deed of gift, rental contract, contract of exchange, loan contract, contract of surety, lien, building contract, contract of mandate, brokerage contract, commission agency contract, contract of partnership, etc.);
- contract review;
- drafting legal opinions;
- consultancy services in business contract negotiations;
- filing compensation claims;
- sending reminders for fulfillment of obligations;
- bringing actions, lodging appeals and exercising other ordinary and extraordinary remedies;
- legal representation in out-of-court dispute resolution procedures;
- legal representation in mediation;
- legal representation in arbitration;
- legal representation in litigation;
- filing applications for debt enforcement;
- legal representation in debt enforcement proceedings.