Law of Obligations
The law of obligations covers contractual relationships, claims, and liability. We advise in
situations where a breach of contract occurs (including a material breach), a payment claim
must be formalised, a contractual penalty must be assessed, or a claim for damages must be
submitted. We explain the options in clear language, comply with notification deadlines, and
prepare documents so that they work in proceedings.
Contact us
If your matter concerns a breach of contract, payment claim, contractual penalty, or compensation for damages, let us know.
We respond on business days as soon as possible.
Frequently Asked Questions (FAQ)
1
Breach of Contract and Liability
A breach may take the form of improper performance of an obligation, exceeding deadlines,
or constitute a material breach that gives the right to withdraw from the contract. We
assess whether the appropriate remedy is a price reduction, compensation for damage
(including direct pecuniary damage and loss of profit), or a contractual penalty. We also
take into account force majeure and situations of pre-contractual liability. We prepare a
notice of breach, secure evidence, and link it to the contractual provisions.
What we typically do:
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analysis of the breach, drafting the notice, and setting deadlines
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termination of the contract / withdrawal from the contract / price reduction with legal justification
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preparation of a claim for damages and an evidence package
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position on applying or disputing a contractual penalty
2
Payment Claim and Debt Recovery
In the event of payment default, we start with a demand letter, calculating default interest
and interest. If the claim is undisputed, we use expedited payment order proceedings; in the
event of a dispute, we prepare a claim. In negotiations, we formalize an instalment schedule
or a settlement agreement so that recovery is predictable and cost-effective.
What we typically do:
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demand letter (deadlines, default interest, references to evidence)
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payment order application and monitoring deadlines
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court claim for debt recovery / drafting a settlement agreement
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agreement on an instalment schedule and securities
3
Claim for Damages
We distinguish between direct pecuniary damage (actual cost) and loss of profit (income
that was not earned due to the breach). We prepare an evidentiary plan: which documents,
expert opinions, or calculations link the damage to the breach (including tort law). We
choose a methodology that the court accepts and provide a realistic assessment of the
burden of proof.
What we typically do:
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analysis of the type and scope of damage + calculation methodology
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collection of evidence (invoices, offers, expert opinion)
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submission of the claim and negotiations / concluding a settlement
4
Contractual Penalty and Its Reduction
A contractual penalty works when it is proportionate and consistent with the purpose of the
contract. We examine whether it is an agreed penalty and assess its amount and the
strength of the basis. Where necessary, we apply for reduction of the contractual penalty in
court or defend its application. We also draft clearer penalty clauses for future contracts.
What we typically do:
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analysis of proportionality and legal basis
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contractual penalty dispute: application for reduction / defence
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drafting a penalty clause consistent with practice
5
Conclusion, Amendment and Termination of Contracts
We prevent disputes through contract review: we check that conditional clauses
(notifications, deadlines, limitation of liability) are clear. We draft a contract amendment
agreement or a termination agreement; where necessary, we seek to have the contract
declared invalid. We set out the handover and acceptance procedure so that the necessary
evidence exists.
What we typically do:
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contract review and removal of risks
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contract amendment agreement / annex
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contract termination + notices; invalidity analysis
6
Expedited Payment Order Proceedings and Enforcement Proceedings
For a clear and undisputed claim, a payment order application quickly provides an
enforceable instrument. This is followed by bailiff proceedings: attachment applications,
asset inquiries, payment schedules. We help draft objections and protect rights if
enforcement measures are disproportionate.
What we typically do:
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drafting and submitting the payment order application
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handling the enforceable instrument, attachments, objections
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communication with the bailiff and agreeing a payment schedule
7
Warranty and Limitation of Liability
In contracts, we set a reasonable warranty period, specify the defect notification procedure
(including hidden defects), and draft exclusions and limitations of liability so that they
comply with law and court practice. This reduces the risk of disputes and makes costs
predictable.
What we typically do:
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structuring warranty and notification terms
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exclusion / caps on liability (cap)
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guidance on proving hidden defects
8
Consumer Disputes
In B2C relationships, standard terms must be balanced and privacy terms understandable.
We advise on designing the right of withdrawal (14 days) and the complaint procedure and
represent clients before the Consumer Disputes Committee. Where necessary, we amend
terms that may be unfair.
What we typically do:
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updating T&Cs and privacy terms
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designing the withdrawal right and complaint procedure
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representation before the Consumer Disputes Committee