Commercial law concerns everything encountered by natural persons and legal entities in daily commerce. For example, the concluding or termination of agreements/contracts, liability and compensation.
The origin of every commercial transaction is an oral agreement or an agreement in writing, such as purchase agreements, agreements for services, cooperation agreements, distribution agreements and agency agreements. Many problems can be prevented by making clear written arrangements in advance in an agreement/contract. For example, arrangements regarding the expectations of the contracting parties vis-à-vis one another and how unforeseen circumstances and the unlikely event of disputes can be dealt with.
It is advisable to contact Asselbergs & Klinkhamer Advocaten at an as early stage as possible in case of the entering into of agreements/contracts. Our lawyers can then play an important role in negotiations and ensure that all relevant aspects are discussed. In addition to offering advice regarding one-off agreements, we also assist entrepreneurs with the drawing up of model agreements for daily operational management, such as standard confirmations of assignments and general terms and conditions. It is of foremost importance to us that legal solutions also transpire to be practical and commercially workable. We therefore also always provide you with clear instructions related to our legal solutions.
Termination of agreements
Termination of agreements through cancellation, notice of termination and setting aside also forms part of our daily practice. The Corporate Law department of Asselbergs & Klinkhamer Advocaten works on all possible problems which may occur related to the non-fulfilment of agreements. If there is breach of contract on the part of your contracting party, then the interference by one of our lawyers can result in a breakthrough. We assist you in the optimal use of your statutory rights, such as the right of suspension and retention. We also assist you in the following of all required formalities in order to be able to proceed with the termination of an agreement and the claiming of compensation.
A large part of the practice of the department comprises of the arranging of debt collection. If there is a cross-border agreement in place, we make use of the European Order for Payment.
Property law and liability law
During our activities in the field of contract law we of course also pay attention to property-law aspects, such as retentions of title and security rights such as pledge and mortgage. Security for the compliance with agreements reached can also be acquired by joint and several liability or a surety agreement. We would like to advise you regarding optimal security for the fulfilment by your contracting party of his or her (payment) obligations.
We can also assist you if you require compensation when you have been disadvantaged for whatsoever reason through the actions of another. We will furthermore assist you if you are called to account for payment of compensation.
Legal proceedings and attachment and the law governing attachments and executions
In many cases our lawyers are able to force a breakthrough and satisfactorily resolve a dispute with the other party through their interference. If it is still necessary to take harsher measures then we will go to court and if necessary we will proceed with the levying of attachment.
Asselbergs & Klinkhamer Advocaten not only has a wealth of experience in the field of legal proceedings, but also in the field of arbitration. One of our lawyers, Hans van Oijen, is regularly appointed as arbiter.
We work together with a respected bailiff for the enforcement of judgements.
Would you like to find out more? We would be happy to provide you with information.
Please contact us.