Commercial Contracts Law

Companies and every business operates in commercial and financial transactions with agreements and contracts. Any contract (commercial or business contract), written or even oral, is drawn up between the company-company and its suppliers or between the company-company and its customers. It will regulate their relationships for the future while it can also resolve issues of the past (previous relationships and partnerships).

Every agreement must be carefully drawn up, therefore it needs careful preparation of the business-company from a legal point of view. This mainly concerns what should be legally added to the agreement to secure the company's rights in case of future claims or even economic changes (change in market and transactions).

But even those who have already entered into an agreement-contract (oral or written) still need legal coverage and support after signing it for the following reason: to know the extent of their own rights and obligations and to what extent the counterparty can reach its own claims or tolerances.

But even after their expiration, commercial agreements-contracts cause legal issues and questions: why does the contract expire, can it be renewed, who compensates whom and what claims do the contracting parties have?

The contracts that appear mainly in the transactions are those of commercial agency and commercial distribution are the main subject of the law of commercial contracts, which contains arrangements that regulate the relations of a supplier of goods or services with his partner. The relations in question are governed by the provisions of the A.K. and the provisions of P.D. 219/1991.

The commercial agent is the one who carries out commercial transactions in the name and on behalf of his supplier. His fee refers to the sales commission of the supplier's products/services. A commercial distributor is a person who buys products/services from their supplier and resells them to their customers. His fee is the difference in the price he achieves between buying and reselling the products/services. The termination of the relationship of these persons with the supplier gives rise to the right to compensation and in general legal and financial problems to be solved.

But a commercial contract or agreement is not only that. There are also commercial relationships before there is even a definitive agreement, while in general there are several types of commercial contracts:

  • Letter of Intent
  • Cooperation agreement or memorandum of understanding (Memorandum of Understanding – MOU)
  • NDA non-disclosure agreement
  • Commercial Agency Agreement
  • Ordering Agency Agreement
  • Distribution Agreement
  • Production Contract
  • Professional or Commercial Lease Agreement
  • Lease or Business Operation Agreement
  • Hotel Lease Agreement
  • Business Management Agreement
  • Sales - Resale Agreement
  • Commercial Sale or Order
  • International Sales Agreement with Incoterms
  • Asset sales agreement
  • Share sales agreement
  • Partner-Shareholder Agreement – ​​non-corporate agreement (Shareholder agreement)
  • Mutual account agreement
  • Credit opening agreement
  • Pledge agreement
  • Bank credit guarantee agreement
  • Letter of guarantee or contract of guarantee
  • Leasing contract
  • Agency contract (factoring)
  • Contract of transfer-assignment of receivables
  • trademark agreement
  • patent agreement
  • Agreement for the use of a trademark or distinguishing feature
  • Patent Exploitation Agreement
  • Know-how agreement
  • Commercial Information Agreement
  • Commercial confidentiality agreement
  • Copyright Agreement
  • Contract for the transfer or exploitation of intellectual property
  • Non-competition agreement
  • Consulting contract

Our law office, due to its specialized knowledge and considerable experience, provides legal services related to:

  • out-of-court and advisory law
  • the negotiations of the parties
  • drawing up the terms of the contract
  • the breach of contractual obligations and the legal treatment thereof
  • the establishment of compensation claims
  • raising claims of compliance by the counterparty and compliance with the terms of the agreement

(Iakovos Venieris, Supreme Court lawyer, Assistant Professor of Law in Athens)

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