domains: law of obligations & trade contracts

The Law of Obligations is a branch of the Civil Law, and concerns the obligation. An obligation is the result of a unilateral or bilateral legal act. The agreement is always preceding the obligation. Obligations result from an agreement or from other legal sources.

The law of obligations is governing the results from obligations. Already in the oldest books about Roman Law, the Institutes, the obligation was described.

On the one side, there are obligations coming into existence without any agreement, neither from the party committing itself, nor from the party the committing party is committed to. For example, obligations may result from the power of law only. Others may result from the act of the party committing itself. The latter are either improper contracts (for example caretaking), or crimes or improper crimes. If for example due to a fault by John the motorcycle of Peter gets damaged, the law teaches us that John is obliged to compensate Peter for the damage.( wrongful deed)

On the other hand, there are obligations resulting from an agreement between two or more parties. A further distinction can be made between trade contracts and other contracts. Trade contracts are agreements concluded between 2 traders.

The classical Law of Obligations in Belgium is provided for in the Civil Code

There are many specific national laws and international regulations, among which the European legislation that applies on specific agreements such as:

1)      Concession agreements
2)      (commercial) lease agreements
3)      Rent Acts
4)      Franchising
5)      Movable and immovable leasing
6)      Brewery contracts
7)      Commercial representation
8)      Distribution agreements
9)      Remote sale

The Law on (trade) Contracts is constantly changing. The office ensures that all its lawyers are permanently attending further training in order to adequately answer any questions of clients regarding these subjects.