The most important part of preventing possible conflicts in international trade from the beginning is the establishment of a written and proper contract at the beginning of the business.The most important thing to consider when preparing a contract is that the contract must be fully reflected in the wishes of the parties and, to the extent possible, must be written in a manner that does not cause any dispute between the parties in the future.However, the contract should also include provisions to resolve or at least minimise the dispute between the parties in case of conflict.As an international law firm in Alanya and Antalya, we follow the whole process from the preparation of contracts to the implementation of contracts on behalf our clients.
In summary, we can state the issues that should be considered when preparing the contract as follows:
WHAT TO DO BEFORE THE CONTRACT
1-)The Credibility Of The Parties Must Be Determined
Before establishing a business relationship with a company, the points to be considered are the company’s profile information, partnership structure, activities, position in the sector, financial structure, relationship with banks, debt/credit relationship, commercial ethics and credibility. Therefore, the reliability of the counterparty must be determined first before preparing the contract.
2-)Requests Must Be Determined
In order for a contract to be made, the persons who wish to make that contract must mutually demonstrate their will to make the contract. It should be understood what purpose the contract was made for and what was requested as a result of that contract. The parties ‘ wishes and objectives related to the contract must be compatible with each other, that is, their will must be directed towards the same purpose.
3-)The Form Of The Contract Must Be Determined
The Shape of the contract must be well determined. If the contract is a contract regulated by law, it must be investigated whether the law provides for certain elements to be found in this contract. If the law stipulates that certain matters must be included in this convention, then these matters must be included in the convention.As an international law firm in Alanya and Antalya, we are very sensitive about this issue.
4-)Choice Of Law Should Be Made In The Contract
The choice of law in international commercial contracts should be regulated in a way that does not allow open interpretation or hesitation.
5-)Valid Language Must Be Selected In The Contract
At the stage of the regulation of international trade agreements, the parties are required to use the clauses in the language in which the contract is written in a mutual sense. Otherwise, there will be a conflict of language and interpretation.Our international law firm serving Alanya and Antalya can prepare contracts in all languages.
6-)Contract Title Should Be Given
At the beginning of the contract, a title should be given that will allow recognition of the contract at first glance. Accordingly, the type of contract is determined. The name of the contract is very important because in the event of a dispute those provisions will apply.
7-)A Draft Contract Must Be Prepared.
A draft must be made to prepare the contract. The parties should consider what should be in the contract carefully and determine the obligations to be included in the contract and specifically the requirements to be put into the contract and check whether these are in the draft.Our international law firm, which provides services in Alanya and Antalya, shows the necessary attention in this area and ensures the legal security of its clients.
In addition to the above mentioned matters,the content of the contract should be in the following matters.
ESSENTIAL ELEMENTS OF THE CONTRACT
1-)Parties Clause In The Contract
Each contract must have the names of the parties. The name and surname of real persons, the full commercial title of legal persons, tax office/number, trade registry number and addresses should be written into the contract.Furthermore, in order for the contract to be considered binding and valid for the parties, it must be checked at the beginning of the contract negotiations whether the parties are capable of making a contract (if they are a proxy, the validity of the proxy, and whether the company representative or director is authorized at the date of signature).
2-)Definitions Clause Of The Contract
The technical terms used in the contract should mean the same for both parties. Terms that have different meanings for the parties to the convention may lead to possible interpretation disputes in the future.For this reason, at the beginning of the contract, the parties should make a list of the terms used in the contract and provide the Association of terminology in the contract.Our international law firm located in Alanya and Antalya shows the sensitivity required at this stage.
Dear guest of our page, we end up here in order not to extend our article further.For more information and consultancy you can visit our international law firm in Alanya and Antalya,also you can call or send us a message.We offer our good wishes