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Commercial Agreements: Drafting, negotiating and reviewing in Spain

Ensure your commercial agreements protect your interests

 

Our corporate lawyers will guide you through the process step-by-step.

How can a lawyer help me?

Contracts are important in commercial matters. They are a written document that reflects the obligations and responsibilities assumed by each of the parties involved. It is essential that the agreements are drafted in a clear and logical manner so that there are no doubts about the terms and conditions.

On the other hand, many contracts have a specific framework and therefore specific clauses must be included and terms or provisions must be considered, like INCOTERMS in transport or supply contracts. There’s also the contractual consideration given to time, quantity or indemnity limits.

Moreover, drafting a commercial contract is usually not a task reserved for just one party: often there is a negotiation process in which different versions are drafted, according to the preferences of each signatory. 

At Lexidy, our corporate lawyers have the technical and legal knowledge to prepare this type of document, in accordance with the necessary standards and, of course, with the client’s best interest as the reference point. 

A lawyer will be the appropriate professional to support the client’s claims during a negotiation process and will have the legal expertise to answer, and if necessary rebuff, the opposing party’s amendments.

¨We will be with you each step of the journey.¨

 

What is a Comercial Agreement?

Commercial contracts are private agreements between one or more parties for the purpose of creating rights and obligations for all involved.

They fulfill the function of guaranteeing and complying with the agreed conditions. These agreements can be with customers, suppliers, partners and other interested parties, and allow transactions, business and all kinds of operations to be delivered.

What are the requirements?

To engage into a valid commercial agreement, the signatory parties must ensure that the following are met:

  • Consent must be given by both parties.
  • Both parties must have the legal capacity to exercise their rights.
  • The type of performance must be lawful and in accordance with the law.

Contract Options

The first thing to do when drafting or revising a commercial agreement is to be clear about the services to be provided under the contract. This will frame the document in one of the following forms and purposes:

  • Agency Contract
  • Distribution Agreement
  • Confidentiality Agreement
  • Lease Agreement
  • Partnership Agreement
  • Sale and purchase Agreement
  • Franchise Agreement
  • Leasing Agreement
  • Service Provider Contract
  • Guarantee Contract
  • Loan and Credit Agreement
  • Terms and Conditions

 

Once this has been defined, the team at Lexidy LegalTech Boutique will know which standard clauses to include and how to draft them according to the preferences and interests of our client. Importantly, the client will always have the last word and final decision on contractual matters.

What is the process of getting a Commercial Agreement ?

Every commercial agreement is different and the approach is flexible but generally speaking it follows the below steps.

  • Meet with the client to understand and clarify the contract’s purpose and the services to be provided.
  • We create a first draft that is algined with the client’s intersts and respects current legislation. The exact form depends on the client’s position in the contractual relationship.
  • The first draft is presented to the client, who may suggest modifications and/or additions they would like included.
  • If necessary, we will assist or even represent the client in any negotiations regarding te contract with the other parties. This will continue until the final version of the document is produced.

Frequently Asked Questions

You should never sign a contract without having a lawyer reading it first. It’s unlikely you will have in-depth specialist knowledge of the contract or the country where it applies. It is much better to have the help of a professional.

Terms and conditions that are found on the Internet are very general and are not adapted to the specific services of any specific person. Much less, they are very unlikely cover all the possible scenarios that your business may face.

We would always always recommend the counsel of a legal expert.

 

Spanish law provides for the following contractual remedies:

  • Unilateral termination of the contract if the breach is essential to the contract and is intentionally breached.
  • Remedies of imposed conduct. For example, in consumer sales this incldues repairs and replacements.
  • Remedies of money, such as damages or price reduction.
  • Remedies of ineffectiveness, even if it’s temporary.

With damages, usually there is a payment of a sum of money that’s sufficient enough to compensate the injured party for breach of contract.

The amount of compensation depends on the lost incurred during the breach of contract or the time taken to restore the situation to normal.

In the event of breach of contract and termination of the contract, both the expenses incurred and even, sometimes, the profit that was lost, are considered as damages and are fully recoverable.

Our Story

We are a department formed by qualified legal experts who have been trained in the field of corporate law. We work on these requests every day and it’s our passion. For us, Lexidy is a way of life and what excites us the most is to be able to deliver the happiness and satisfaction of a successful process. We want to help you achieve your goals and dreams.

Héctor Lopez Vazquez

Head of Corporate Department

Madeleine Cadwell

Paralegal

Marta Ametller

Paralegal

Samuel Ortega Vega

Lawyer

Client’s stories

Lexidy Legal Tech
4.9
Based on 437 reviews
Declan Ryan
Declan Ryan
20:48 01 Jun 22
The Lexidy team is uniquely positioned to provide pan-European business and tax advisory services; what would be complex or impossible for a country-specific advisor is straightforward for Lexidy. They answered in days what would take weeks for other firms.
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17:31 24 Apr 22
I’ve dealt with hundreds of solicitors through business over the years but I must say Cristina and Lexidy Law are really something special. Responsiveness, proactiveness, knowledge and professionalism is, quite frankly, outstanding.M.
Signore Raffaele
Signore Raffaele
12:53 07 Sep 21
The service I have received from Hector has been extraordinary.He has helped me opening bank accounts, managing my NIE and setting up my company's branch in Spain.I am very grateful for the help and the exceptional treatment and management.I won't hesitate to contact him again for any other business I may need.
dawei2010
dawei2010
16:12 08 Apr 21
Our company engaged Lexidy Law Boutique to help pursue our monetary claim against a former business partner registered under Spanish jurisdiction. They provided a professional work and our claim got enforced even before it was expected. We will be happy to engage them anytime in the future for any civil law related matters and I can only recommend their services.
dk impprojects
dk impprojects
15:37 22 Feb 21
Lexidy law boutique services are very prompt and responsible, they created my business company in barcelona, spain. I received very good response from Maximiliano Agazzi for my residence permit issues. I am very much happy with Lexidy law boutique services.
Tom Elliott
Tom Elliott
11:44 18 Feb 21
Very helpful getting my business off the ground quickly and easily and affordably! Best of all, they speak English!
Dan Centinello
Dan Centinello
14:26 19 Nov 20
Let me start by saying that I normally do not write reviews - and I am often skeptical of the authenticity of the ones that are left. However, I feel like this law team has earned it and here's why...I am the type of person who will do endless research & contact several people before making a decision. I did the same when looking for a Spanish law firm that would be able to quickly handle my immigration matters and, most recently, help me with my leasing agreement for my apartment.They are extremely responsive (replying within a couple of hours of my messages) and even after office hours.Maximiliano, in particular, has been exceptional. He put a lot of effort to understand all the details of my situation so he can find the best solution.It was quickly evident that he understands that not all people have the same immigration situation and was going to tailor a solution specific to me.What impressed me most though was how he was thoughtful enough to make sure that his immigration solution did not impact my tax or business situation adversely. His focus on the big picture, while not missing the important small details is one of the main reasons why I felt compelled to write a review.Lastly, Max even made himself available during the time I was crossing the border, just in case I had any issues.With all this being said, I have worked with many lawyers in the past - many simply look for "a solution", but the great lawyers look for the "best solution". Everyone I have interacted with thus far at Lexidy seems to understand the latter. I feel very fortunate to have come across them in my research.I know how stressful it can be, especially when dealing with immigration issues. So, I hope this helps others out there that might be in the same situation I was in.
Michael Sandoval
Michael Sandoval
16:44 19 Oct 20
I have had the pleasure to work with a lot of Lexidy's departments. Working with Max Aggazi Paulet to achieve everything needed for my residency was incredible. he help endlessly until everything was accomplished. Soon after i began working with their Real estate department. It has been a journey and they have stuck with me every step of the way. They have gone beyond the scope of their duties to help my dreams of purchasing a property in Spain come to fruition. I would like to thank Alejandro Cano and Jordi Aranda for for everything. Last but not least through the entire Process I have had the absolute pleasure to work with Camila Broderson. She is a Gem. She has guided me in every step to work on opening my LLC in Spain and has also gone beyond the scope of her duties to assist and be available at any time. I plan to continue to work with team at Lexidy and would highly recommend them to everyone. Thank you Lexidy team for everything that you have done so far! I look forward to continuing our partnerships and friendships!
Swapnil Sai
Swapnil Sai
09:45 06 Jul 20
I feel compelled to write this review after my correspondence with the team at Lexidy Law Boutique. This is certainly a law firm with a difference which is devoted to its clients. They attended to all my needs and queries with utmost diligence and professionalism. A truly outstanding and accommodating team that would go out of its way to help its clients. They did more than just exceed my expectations. They have set up a service standard that I am afraid other firms may not be able to match! They have become my go-to legal advisors. My case was fraught with complications and they patiently unraveled those until I had clarity and peace of mind. They are a firm with a heart that I am deeply thankful to.
Petra Ahmann
Petra Ahmann
10:21 17 Jun 20
Lexidy assisted me with my residency visa in Spain, helped me set up a bank account, and attended appointments with me. Overall it was a smooth experience, and better priced than other firms.
Alexander Hohne
Alexander Hohne
18:44 15 Jun 20
I have had an amazing experience with Lexidy not only successfully obtaining my first two residency visa applications but also with the setting up of my two businesses. I can highly recommend this young and dynamic team.
Payam Agha
Payam Agha
13:18 25 May 20
I'm a non-EU Entrepreneur, and I'm in the process of setting up my business in Spain, and It's my pleasure to write a review for lexidy. The team are truly dedicated, they kept me informed and guided me as required.Camila diligently guided me through the process of setting up my project, and it's legal structure in Spain, and set up all the necessary tax and company registrations.Max's attention to detail and relentless determination ensured a favourable report issued by the Economic and Trade Commission of Spain in Sydney.If you are looking for a law firm in Spain, then I have no hesitation in recommending Lexidy for a fast, friendly and efficient service.
Duncan Campbell
Duncan Campbell
17:32 21 Nov 17
Fede and his team at Lequidy were incredibly responsive to an urgent legal issue that my business faced, and dealt with the problem efficiently outside of office hours. Highly recommended.
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