Commercial law and the law of obligations (contract law) are particularly important branches in modern legal systems. They ensure the normal functioning of the market economy based on free economic initiative, which is realized namely through these legal mechanisms.

What activities does commercial law regulate?

• Company law

The scope of application of commercial law covers, first of all, the establishment and registration of traders - limited liability companies (LLCs), joint stock companies (JSCs), sole traders, etc. The rules for commercial companies have similarities with those for non-profit legal entities. I can therefore provide advice to both traders and so-called NGOs.

Within this sector, lawyers also draft and update the legal documentation of legal entities - articles of incorporation, statutes, articles of association, etc. This also includes activities related to the preparation and entry in the Commercial Register of changes in the legal status of companies - for example, capital increases and decreases, transfer of shares and company shares, changes in the company name, registered office, subject of activity, etc. These are procedures that are of great importance for the functioning of any enterprise, and for the effective implementation of which I could take care.

• Disputes between shareholders/partners

A particularly delicate aspect of commercial law in relation to which I could assist you is the resolution of disputes arising between shareholders and partners - for example in the event of an unlawfully held general meeting. You should bear in mind that the possibility of protecting the rights of members of companies is limited by very short and definitive time limits (e.g., 14 days). I.e., if you have any doubt that your rights as a shareholder or member have been violated, you should contact a lawyer immediately.

• Register proceedings

No less important than disputes between partners (and in fact related to them) are the proceedings before the Commercial Registry. Once unlawful changes in the company have been entered in the register (and this can happen literally within hours), defending against them becomes even more complex. But even "conflict-free" proceedings before the Commercial Register (e.g., change of address) require competent legal assistance so that all the requirements of the law and the existing administrative practices and case law are complied with. My extensive experience in this field will enable you to prevent, respectively resolve potential problems and risks.

• Commercial contracts

Contractual relations between merchants also abound in specifics, expressed in an independent legal regime, differing from general contract law (see below). I.e., being a trader can provide you with advantages or complicate your situation depending on the particular case and on the fact who the counterparty to the contract is. If necessary, I could identify and explain these peculiarities to you by taking into account the specifics of your situation.

What activities are governed by the law of obligations

The law of obligations is a legal branch with a more general application, and its rules apply to traders but also to other persons involved in the economic life. It governs the creation, content and termination of the rights and obligations, binding private parties.

• Contractual obligations

A particularly important function of contract law is the regulation of relationships arising between private persons and entities in connection with contracts concluded between them - for example, lease, loan, purchase and sale, donation etc. Relevant here are issues concerning the assessment of the fact when a contract is deemed to have been concluded, amended or terminated. And also, what practical obligations arise from the often abstract legal texts, etc.

The main task of a lawyer with experience in contract law is to draft contractual texts that fully safeguard his client's interests. This requires not only legal training but also an understanding of the practical realities on which the implementation of contractual clauses depends. Don't underestimate these specifics and contact me to draft a contract that effectively secures your legal position.

• Non-contractual obligations

The legal institutes of the law of obligations include non-contractual sources of obligations - tort and unjust enrichment.

A tort occurs when one person or entity causes harm to another without an existing contract between them. A typical case of such a situation is the damage to real estate due to the carelessness of a neighbour who did not take measures to stop a leak in his home. There is no contract between the person who caused the damage and the person who suffered the damage, but there is no need for a contract - under the law, the person responsible for the damage must pay for its compensation. Most often, however, proving and enforcing this type of liability goes through a court proceeding in which I can represent you.

An interesting aspect of tort law is the situation where property (e.g., a car) or even the health of a citizen is damaged by poor state or municipal infrastructure (unmaintained sidewalks, roadways, or tree systems) - in this case, the injured party has a claim against the state or municipality. In such situations, the assistance of a lawyer is even more imperative since the institutions have significant legal resources - in-depth knowledge of the legal framework, a team of legal advisors, etc.

A non-contractual source of obligation is also the so-called unjust enrichment in its various hypotheses. For example, if a contract turns out to be null and void, everything paid under it turns out to have been given without justification and must be returned. Also - if a person has received a sum of money and is unable to establish the reason for it (contract or tort compensation), the party who has paid, can claim unjust enrichment and get the money back. Although at first sight they may sound exotic, such hypotheses are not exceptional - think of how many times you have sent or received bank transfers with the reason "supplying of an account" and without further explanation. The party that sent the transfer can reclaim its money and if you do not establish the actual reason for the transfer, you will have to give it back. If you find yourself in a similar situation, do not hesitate to contact me.