Law of obligations
The law of obligations is part of the patrimonial law and concerns the rights that give a (legal) person claim to a certain performance of another (legal) person. The obligor/debtor has to deliver a performance (in the broadest sense of the word) and the obligee/creditor has claim to the performance. In other words: you have to pay, deliver, or perform. This is often about monetary claims, but it can also be about a claim to do or not do something.
An obligation arises from a unilateral or multilateral legal act. The main source of obligations is the agreement. An agreement is concluded by an offer and the acceptance thereof. Think, for example, of a purchase or loan agreement. The buyer then has the right to delivery of the purchased matter and the borrower is entitled to the borrowed amount. On the other hand, the seller has to deliver the matter and the lender has to provide the amount. Other examples of agreements we regularly advise on and litigate in, are:
- Commission contract
- Employment and agency agreements
- Distributor agreement
- Franchise agreement
- Insurance agreement
- Purchase agreement
- Tenancy agreement
- Agreement for services
- Commission agreement
Disputes arise when one party fails to fulfil his or her obligations arising from the agreement or when discussion arises on the content of an agreement. This can also lead to damages, which one party will want to recover from the other party. General Terms and Conditions usually play a role as well. What parties have meant, or had in mind, can also be taken into account. Furthermore, it is important how parties have carried out the made agreements and/or whether these are in accordance with what they had in mind. The reasonableness and fairness can be complementary or derogatory if a judge considers the dispute.
The law of obligations also includes the doctrine of tort. This is the basis for the claiming of compensation between parties that have not concluded an agreement with each other. Think for example of the neighbours’ contractor who has caused damage to your property. Additionally, there are other bases on which obligations can arise, such as specification, undue payment, and unjustified enrichment. These are the so-called lawful acts.
Our lawyers are specialised in the law of obligations and have extensive experience in both advising and litigating in this area of law. We can advise you before you conclude an agreement, or if you have concluded an agreement and problems have arisen. In the case of incurred damages through the actions of another, we can advise and assist you as well.
Your interests in focus
In our advice and guidance, we explore the chances of success and the various options, in order to come to the best solution. Your interests are always our prime focus.