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As an entrepreneur, you are dealing with contracts daily. Some agreements are oral, while others are written. In all cases, it is important that the document be precisely negotiated and properly written and reviewed so that it fits the needs of both parties.

Contracts in Spain

A contract is a voluntary commitment, formal or informal, between several parties and is recognised by Spanish law. Voluntary commitment since it arises from an assumed and accepted agreement. At least two parties are bound by the contract, which distinguishes it from a single individual commitment or an actual law. The original arrangement is expected to be revised if you have a professional legal assistance.

Negotiating Contracts in Spain

Negotiation of a contract is very important since both parties must determine what is in their interest. When negotiating, you must ensure that you agree with the obligations stated in the document. These talks, especially in the context of large financial agreements can be complicated and difficult. A lawyer can attend the negotiations ensure that your requirements are met and that the contract is to your advantage. A lawyer can also help you in drafting, reviewing contracts and explain its implications.

The Golden Rules of Contracts

Before signing a contract, read it thoroughly. While reviewing the contract, you have to ensure that you are aware of all the obligations declared. If you're not sure what your duties are and you sign the contract, you could violate the terms without even knowing. If you ask for a legal professional to help, you can make sure that the conditions are met and that there are no surprises. • Everyone must defend their own interests: In all cases, the parties must clearly define the rights and obligations and comply with them. At the start of the discussion, you must clarify your intentions, requests and expectations to the other party and decided of a remedy for a breach of contract. • Avoid a standard contract: when drafting a contract, each party must know exactly what is expected of them. Therefore, it is possible that some words are misinterpreted so be sure to define them clearly. The aim should be to clarify the text in the contract to its absolute maximum. A standard contract is a contract whose structure is already determined. Leases, for example, often take this form. • It is important to carefully review the contract terms to be aware of this. In the case that a sale contract, loan contract or a service provision contract, it is advisable to write the text itself. • Do not abuse the legal language: by using common language, you can make sure that everyone understands what is being said and understands the agreement. You can avoid using language that is too sharp or terminology that is difficult to interpret.

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