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ĆEHOVIĆ LAW OFFICE

Drafting contracts and other legal acts

Ćehović Law Office deals with drafting all types of contracts and other legal acts.


Obligation law contracts

Consultations and drafting of contract of obligation law are one of the services provided by our law office. Based on all relevant information, we prepare contracts of sale, lease, loan, gift agreements, work contracts, loan agreements, transportation, service, debt assumption agreement and all other types of named and unnamed contracts. The lawyers of our law office have specialized and have top expertise in the field of contractual law.

Family law contracts

If you need to regulate an issue of family law by a contract, i.e. family relationships, we can help you with that. We make prenuptial agreements, agreements on the division of property acquired in marriage, on the management of property acquired during the marriage, as well as an agreement on compensation of maintenance between spouses, a contract on the services of one spouse to another spouse...

Inheritance contracts

Contracts of inheritance law, such as a contract on lifelong support, a contract on the distribution of property for the life of the future testator, a contract on the contribution of a family member to the increase of the future testator's property, are contracts for which there is a great interest. Our lawyers will help you regulate your will and disputable relations and issues in the best way possible by regulating the contract in the right manner.

The Companies Act contracts

In order to make your business easier and more successful, we will provide you with a quality service of drafting all contracts from the Companies Act, such as the contract on the establishment of a company, the contract on the transfer of the company shares, the contract on management and conduct of business, procuration contracts...

Drafting of the other acts

Drafting of all types of founding acts of various forms of association and cooperation, drafting of acts on mutual relations in the company, including the statute, agreement on management of property acquired in marriage, statement that the gift is not included in the legal inheritance of the gift recipient, representation agreement powers of attorney, agreement on the management of a partnership, all types of acts on various consents and all acts of other characters (authorizations, statements, proposals ...).


The law office Ćehović & Associates has a special competence and top expertise in the field of contract law.



LAWYER FOR OBLIGATION LAW

#1 INTRODUCTORY PART

The obligation law arose from the word obligation, the meaning of which is a duty. This means that the law of obligations means the same as the law that regulates duties. This further means that the phrases the obligation law and the duty law represent exactly the same meaning. Therefore, the occurrence, execution and sanctions for non-execution, i.e. untimely or irregular execution, which both means non-fulfilment of obligations in accordance with the law, contract, custom or some legal standard that regulates the manner of fulfilment of the obligation.


For all of the above, the rights are regulated in detail by laws, other legal acts, customs, case law and legal standards. Legal standards are the rights that are used to assess in any case the execution of a contract - to make a judgment on whether the rule arose in all respects in accordance with how in practice the most common execution is considered the correct execution of various obligations


#2 METHODS OF CREATING OBLIGATIONS – DUTIES


Obligation law, unlike, say, property rights, belongs to the group of relative rights, unlike the latter, which belongs to the so-called absolute rights.


Relative rights have the meaning of obliging only two or more certain persons to do something, not to do something or to put up with something that they would not otherwise, according to the regular course of events, they are not obliged to refrain from doing or, say, putting up with something. The subject of the obligation is something that one party has the right to ask the other party to do, not do, put up with and that it is at the same time physically possible and not contrary to coercive regulations of the public order of a country or good business practices in the legal system of that country.


The largest number of obligations, both in terms of type and quantity, arise from a) contracts, which are also called legal transactions. Then b) causing damage from one person to another, then come the obligations arising from the so-called c) unjust enrichment, then d) uninvited performance of other people's business and finally e) unilateral declaration of will, by which one person undertakes to do something or not to do what they would have the right to do.


#3 Contracts - legal affairs


A contract is the consent of the will of two or more persons to establish one or more, usually mutual rights and obligations. Legal norms that regulate contracts are often colloquially called contract law.


Types of contracts - legal affairs


There are many criteria by which these most numerous instruments are distinguished, which are based on mutual or only unilateral obligations. We have already mentioned two types of contracts here, i.e. those according to with only one party undertakes commitment to the other, and the other party has only the right to demand the fulfilment of that obligation from the first-obligated party. Such contracts are called unilaterally obligatory or charitable contracts, i.e. legal transactions. And there is the other, much more common, where both parties commit to each other to perform or fulfil obligations towards each other. These are so-called multilaterally binding contracts, or bilaterally freight contracts.


Almost the entire contract law arose on the basis of the necessary presumption of the existence of socio-economic life. The two basic economic foundations of the existence of society are a) the production of economic goods, which is a condition for the maintenance of any individual, especially a community of people, and the other is b) trade, exchange and distribution of economic goods in each community. Even the most elementary organized community of people is a social community. This is to say that without the exchange, trade and distribution of socially necessary produced economic goods, there is no existence of a social community, i.e. there is no social community.


Contracts can be divided according to many criteria, as we have said, but the space and economy of use of space on this website forces us to use the division of contracts according to the subject of the basic obligations of each contract.


The most important sources of contract law are the Law of Obligations, special laws on certain particularly complex types of contracts, customs and subsidiaries, case law and legal literature – i.e. the science of contract law. Customs are rules of conduct that are created by the behaviour of people in traffic, i.e. concluding a huge number of contracts over longer periods of time. The basic characteristics of customs are that they are difficult to form for a long time and that they disappear from economic and legal behaviour in every society.


There are codified and uncodified customs. Such codified customs are called usances (which means rule, custom, practice). The customs can be general, when they apply to all types of contracts and special, when they are valid as special customs, and apply only to a certain type of contract. We have already pointed out that customs in Serbia are applied as additional and subsidiary legal sources. This means that the customs are applied only when the contracting parties do not explicitly agree on some element of their relationship, firstly a special, and then a general usance for that case is applied to such a case. All legal norms that regulate obligatory relations, even contractual relations, are divided into a) imperative, i.e. binding legal norms, which cannot be changed by contract or explicit will of the parties and to dispositive legal norms, which are applied to the relations between the participants in the obligatory relationship, i.e. the creditor and the obligor, i.e. the debtor.


#3.1. Purchase contract


A purchase contract is such a contract by which one party, i.e. the seller, undertakes to transfer the right of ownership over one thing to another person, i.e. the buyer, and the other party undertakes to pay the contract price to the other party in the amount and in the manner specified in the contract, or in the absence of any of these elements, in accordance with the customs of trade in that part of the market in the company.


The elements of all contracts are diverse. The most important types of elements are a) essential elements of the contract b) natural elements of the contract c) accidental elements of the contract.


#3.1.2. Essential elements of a sales contract


The essential elements of a contract are those elements without which the contract cannot exist, and these are the subject on which the seller transfers the right of ownership (which represents an absolute right) and the basic obligation of the buyer is to pay the seller a certain contract price for the transferred right of ownership according to the contractual obligations.


The essential elements of the contract must be contracted, in order for the contract to arise, the natural elements are also contracted, because depending on each contract, by the nature of things, it is necessary to contract those elements as well. If the natural elements are not agreed, the customs, i.e. other subsidiary sources of law, are applied. Random elements of the contract are only those that by the nature of the contract do not have to be contracted, but the contracting parties explicitly decide to contract those elements as well.


#3.2. Exchange agreement - barter agreement


Under the exchange agreement, one party undertakes to transfer the right of ownership over something, i.e. a certain quantity of some things, while the other party, as compensation for that, undertakes to transfer the right of ownership over another type of thing, i.e. a certain quantity of certain other things.


The rules for an exchange agreement are almost the same as for a contract of sale, so it is either not regulated at all as a special type of contract or is contracted with a very small number of rules, and in everything else the rules that apply to a contract of sale apply.


From the aspect of tax law, the exchange agreement is taxed as if two sales contracts were concluded, which is an expression of the pure will of the legislator as a representative of the government, in order to provide as much income as possible to meet the public needs of society.


#3.3 Gift Agreement


The gift agreement is concluded between two parties: the donor and the recipient. The donor undertakes to hand over a certain real estate as a gift to the recipient without any monetary or any other compensation.

In theory, nothing controversial should happen here, but practice says otherwise. The person who received the real estate as a gift after the death of the donor becomes the heir of the real estate. Everyone is sensitive about inheritance, and there will always be potential heirs to defend their rights.


#3.4 Lease Agreement


The lease agreement is prescribed between two parties: the lessor and the lessee.

The lessor is obliged to hand over a certain real estate for use to the lessee for a certain period of time, while the lessee is obliged to pay a certain monetary fee for the use of the real estate.

Problems arise when the rights of both parties are threatened. The presence of a lawyer is absolutely necessary for both parties in order for someone's rights not to be endangered.


#3.5 Mediation Agreement


The mediation agreement is concluded between the parties and the mediator. The mediator is obliged to find the person who is crucial in concluding the contract and to bring them into contact with the principal client. If the contract is concluded, the principal client undertakes to pay a certain amount to the mediator.

The mediator does not have to be a natural person, it can also be one of the financial institutions - a bank, a travel agency, etc. The presence of a lawyer is of great importance in these moments because unpredictable complications can occur, both during the conclusion and during the realization.


#3.6 Construction Contract


The construction contract is a special type of work contract and if there is anything that is not regulated by the Law of Obligations, the legal norms that regulate the work contract are applied. The construction contract, as a special work contract, was created by concluding a huge number of contracts of this type and noticing the need for this contract to be regulated in many respects as a special specific form of a work contract.


The form of this contract is obligatorily written. Therefore, a construction contract made orally has no binding force and is not considered valid.


In Serbian law, this contract is regulated in particular detail, unlike many other national rights, because before the adoption of the Law of Obligations in 1978, a huge number of construction contracts were concluded in all forms and areas of construction of various types.


There are also special usances when it comes to construction, which are applied as a special form of contract, but after the creation of the Law of Obligations, they are only a subsidiary source for regulating construction contracts.


Since the SFRY had a very dynamic development in the long period of its existence, the constant growth of prices was very dynamic during the entire period of its existence, and the rules on price regulation in the construction contract developed especially differently.


This contract is regulated in detail internationally, because the existence of dynamic economic and other general developments, especially after the Second World War, by the end of the twentieth century, led to the formation of many associations that issued their instructions on how to regulate and solve many controversial issues in the field of construction of investment facilities. Especially in the countries of the former Eastern socialist bloc, there was a very dynamic development of construction, because this block of countries included countries that were all victims of fascism's attempts in World War II for complete elimination from the world of reality, and suffered huge destruction of their infrastructure. Due to that, there was a great impetus in the development of the idea of socialism, which was a globally accepted idea in many countries on almost all continents. This required a particularly dynamic construction of the complete infrastructure of these facilities, when the objects of construction of larger dimensions were called capital facilities, and the construction of these facilities was called capital construction.


Within the rules of this contract, a number of specific rules have been developed, and this contract has almost become completely separate from the work contract.


#3.7 Employment contract


The conclusion of this contract is done between the client and the contractor. An employment contract is concluded when the contractor does not have the status of an employee, but works for a certain period of time outside the employment relationship. He/She has no employment rights.


If some articles of this contract are violated, the injured party can hire a lawyer with whom they will design the defence system. A construction contract, as a special form of employment contract, differs from an employment contract in many special rules that define the various institutes of construction contracts. However, the most important difference is that there is an employment contract, and not a construction contract, if the employee builds the subject of the contract from their own material and according to their plan.


#3.8 Lifetime Support Agreement


A contract on lifetime support is concluded between the recipient of support and the provider of support.
The provider of support is obliged to support and take care of the recipient until their death, and in return the recipient of support will transfer to the provider the right to already determined property according to the contract.
Because the recipient is an elderly, disabled person who is unable to support themselves, court proceedings have shown that courts apply laws primarily in his or her best interests.

#3.9 Loan Agreement


Like all the above agreements, this one is concluded between two persons: the lender and the borrower.
This is an informal contract, which means that all legal norms of the Law of Obligations are legal norms of a dispositive character, and in addition, the contract can be concluded in any form, even oral or real form.
Namely, according to this agreement, the lender is obliged to hand over a certain amount of money or some other substitutable items to the borrower, and the borrower is obliged to return all this within a certain period, with or without monetary compensation.