Jurisdiction
Without realizing it, you make agreements all day long. Buying a train ticket creates a transportation agreement and ordering a beer creates a purchase agreement. These types of agreements almost never involve a written contract. However, that does not mean it is not a binding agreement: a verbal agreement is also legally valid and can be enforced. It is only then often difficult to prove exactly what was agreed upon.
It is therefore wise to have an agreement in writing. The contract law attorney at Lexys Lawyers will be happy to assist you with that. He can also terms and conditions against it or draft it for you. But even if there is a written contract, disputes can arise over it. For example, if the agreement is not fulfilled, if there is error Or because there is discussion about what parties intended exactly in the agreement.
Freedom of contract is a term used to indicate that you are free to enter into an agreement with whom you want and about what you want. Freedom of contract goes quite far in the Netherlands. Only if an agreement is contrary to the law, good morals or public order is it null and void. In all other cases, agreements are usually valid, and can compliance enforced be. If the contract cannot be terminated or dissolved, then under circumstances a claim of mistake can still be made.
Specially created models are used for many agreements. This is the case, for example, with the purchase agreement for a property. There is the well-known NVM model sales contract and - in Amsterdam - the model of the Circle of Amsterdam Notaries.
If there is a dispute over an agreement or contract, please take contact Contact the contract law attorney at Lexys Advocaten. They can tell you exactly whether there are ways to get out of the agreement or to claim fulfillment.
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