Адвокатско бюро "Милушев"

Pre-contract relations

Your pre-contract relations with the opposite party shall not be underestimated. They are a criterion for good faith both on your part and on the part of the contractor. The obligation under an agreement shall be analyzed both in economic and legal respect before striking the preliminary and the final agreement. This is the reason for us to acquire a broad array of skills in contract negotiations which will ensure that you reach a favourable agreement, avoiding any unclear provisions which might result in arbitrary or legal arguments and incur extra expenditure.

Drawing up of civil and commercial contracts

It is the core of our practice in the field of Bulgarian private law to conclude contracts of different forms and content.

When a contract is written it does not merely constitute the legal form of the parties' desirable result, but also consideration and avoidance of possible ' stumbling blocks' which might lead to undesirable and costly arguments between the parties or the necessity to add annexes. Our considerable experience in the field of contract law will certainly be of much assistance when you enter civil and commercial transactions.

Drawing up of covenants and model contracts

In the course of work with private clients, users, commercial representatives etc. it is often necessary to make a large number of contracts with identical content. The entrance and content of such contracts must be perfect. Any inconsistency of their elements might lead to incorrigible economic consequences. Being fully aware of our clients' responsibility to their contra agents, our office offers drawing up of common provisions, framework, model agreements and covenants which guarantee legality and favourability of your commercial relations.

Arguments ensuing from contract provisions

In most cases parties meet the obligations under the contract they have entered in good faith. However, there are examples when a party refuses to perform under the contract. As a result loss might be incurred and the situation might be incorrigible. For this reason it is crucially important to inform our client for possible approaches to the case. As a result they will be able to reach an informed decision according to the individual interest. Although it is not possible to enumerate all types of cases and possible strategies for action, here are some options.

Claims for real performance

There are many cases in which a party fails to perform under the contract. The injured party may seek remedies by claiming real performance of the breaching party. After considering the contract, the court reaches a decision under which performance is coercive ( i.e. irrespective of the non-breaching party's will). Such claims are particularly appropriate when a party insists on the contract result. Under such claims compensation for the loss incurred on the non- breaching party as a result of delay may be sought

Court riders

It is common practice for the parties to agree on specifying the contract conditions later in time. For instance, they may specify the cost, time and place of performance, as well as the person to perform later in accordance to the case peculiarities. While doing that, an argument may arise which the parties are unable to settle. In such cases court riders are completed under the law, justice and moral code.

Contract termination

In certain cases the law stipulates that an injured or manipulated when entering a contract party may abandon it by its termination. A party may terminate a contract when the contractual party fails to perform. In such cases the claim may be combined with seeking compensation.