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Defense in obligatory legal relations
Legal advice or legal assistance in commitment relations may cover a wide range of issues, all depends on the type of obligations and the stage at which the client addressed: the conclusion of the contract, amendment of the contract, the execution of the contract, the termination of the contract. Not less important measures to ensure the implementation of the main contract: penalties, surety, guarantee, deposit, pledge (mortgage), retention.
Services of a lawyer in Kyiv: defense in obligatory legal relations
A lawyer must explain to the parties to a contract the legal consequences of breach of an obligation and liability for breach of an obligation in a clear form.
Obligatory law divides obligations into contractual and non-contractual.
До договірних зобов’язань належать такі види
- Contracts of sale (in particular, retail sale, supply, contracting of agricultural products, supply of energy and other resources through the connected network, mines),
- Gift contract,
- The contract of rent,
- Life maintenance (care) contract,
- Contracts of hire (lease) (in particular, rent, hire (lease) of a land plot, hire of a building or other building structure, hire (lease) of a vehicle, leasing),
- Contract of rent (lease) of housing,
- Loan agreement,
- Contracts of work (in particular, domestic work, construction work, and contracts for design and prospecting work),
- Contracts for research or development and technological works,
- Service agreement
- Contract of transportation,
- Contract of transport expedition,
- Storage Contracts (in particular, storage in a warehouse, special type of storage),
- The contract of insurance,
- The contract of trust,
- Commission Contract
- Contract of property management,
- Loan, credit, bank deposit contract,
- Bank account agreements (in particular, escrow accounts),
- Factoring agreement,
- Settlement agreements (in particular, settlement with the use of money orders, settlement by letter of credit, settlement by collection order, settlement with the use of settlement checks),
- Agreement on disposition of intellectual property rights,
- Contract of commercial concession,
- Joint Activity Agreements (in particular, simple company).
Types of non-contractual obligations
- Public promise of reward,
- Performing actions in the property interests of another person without his/her commission,
- Saving the health and life of an individual or the property of an individual or a legal entity,
- Threatening the life, health or property of a natural person or the property of a legal entity,
- Compensation for damages, including:
- 5.1. Compensation for damages caused by injury, other damage to health or death,
- 5.2. Compensation for damage caused as a result of defects of goods, works (services),
- Acquisition, storage of property without sufficient legal basis.
The specifics and prices of legal services depend on the specific type of obligations, the stage of application and other factors.
Each particular type of obligations has its own specificity and is usually regulated by a special law, so the methods of judicial protection of violated rights in binding legal relations may be as general (Article 16 of the Civil Code of Ukraine), in particular:
- recognition of the contract as invalid and restoration of the situation that existed before the violation;
- compulsory performance of a debt in kind;
- change or termination of a legal relationship;
- compensation for damages and other ways of compensation for property damage;
- compensation for moral (non-property) damage.
and special (either the fifth book of the Civil Code of Ukraine or a special law).
According to part 3 of Art. 16 of the Civil Code of Ukraine, the court may protect a civil right or interest in another way established by contract or law, so the conclusion of contracts should be extremely careful.
