Contract Law in Belgium
Contract Law in BelgiumUpdated on Monday 09th May 2016
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Laws that govern contracts in Belgium
The contract law in Belgium is governed by regulations from the Civil Code and, depending on the field in which the contract is concluded, other laws like the Labour Law or the Competition Act. When entering a contractual relationship the two parties must observe its provisions and the terms stipulated therein. Failure to do so can result in court litigation based on non-performance of the contract.
The team of experts at our law firm in Belgium can help you conclude contracts in Belgium and enforce your legal rights if the other party is found at fault for not performing its obligations under the agreement.
Contractual liability in Belgium
A contract concluded in Belgium will contain express contractual terms. These terms are meant to clearly define the manner in which the contractual relationship will be carried on. In the absence of express terms, certain other provisions will be used to define liability, limitations and the interpretation of negligence.
A pre-contractual agreement can be concluded prior to signing the final version of the contract. It will be subject to the final contract but in itself not sufficient to legally bind the two parties.
Civil and commercial liability can result if one of the parties breaches its contractual terms or brings damages to the other party. When one of the two parties wishes to bring a contractual breach in front of a Belgian court, the plaintiff will need to bring satisfactory proof that the defendant has caused damages and/or did not perform as per the contract.
Should you enter into any disputes with another party after signing a contract you can request the legal services and representation offered by our lawyers in Belgium.
Signing contracts in Belgium
Whenever signing a contract in Belgium, both parties need to understand the terms, the liabilities and obligations that start once the agreement is entered into force. In general, a contract in Belgium will have to contain information about:
- the type of contract;
- the identity of the two parties;
- the description of the purpose of each of the parties in the agreement;
- the nature of the obligations and how they can be suspended;
- payment and taxes (if applicable);
- duration and termination;
- liability, force majeure.
The contract will be adapted according to the business field in which it will be used and according to the interests of the parties.
Our representatives can help you conclude a number of contracts like rent agreements, property sale/purchase agreements, employment contracts and many others.
Contact our law firm in Belgium for more information about doing business in the country and the applicable laws.