Services
Contract drafting
A contract should reflect the agreement of the parties and the applicable law. I draft it, or review the draft the other side has presented to you, and explain its consequences before you sign. I focus on clear wording, so that you do not have to argue later about your rights and obligations.
In practice
Why the wording of a contract matters
A contract sets out the rights and obligations of the parties as they agreed. A legal act must be made in a definite and intelligible way, otherwise it is invalid (section 37 of the Civil Code). Unclear wording is therefore not only a matter of style.
Written form serves to prove what you agreed. For a transfer of real estate the law requires it. For other contracts I recommend it above all where the value is higher or the relationship is long-term.
A contract whose content or purpose contravenes the law or circumvents it is invalid (section 39 of the Civil Code). In every draft I therefore check not only what you agreed, but also whether the law permits it.
For contracts concerning real estate I also consider the link to the land registry. The property must be identified in the contract so that the land registry office can register it, and the details must match the title deed extract.
- Legal basis
- Civil Code and Commercial Code
- Form
- Written, depending on the contract
- Explanation
- Before signing
- Authorisation
- Separately, by agreement
Procedure
How I prepare a contract
The procedure is the same for a new contract and for a review of a finished draft.
Instructions
You describe the agreement: the parties, the subject matter, the price and the deadlines. If the other side has sent a draft, send it for review so that I can see what you are starting from.
Analysis
I check the documents and the legal context, for example ownership of the thing or the authority of the parties to act. I point out risks and questions to resolve before signing.
Draft contract
I prepare the draft and explain each provision, in particular payment, deadlines and the consequences of breach. The comments of the parties are reflected in the final wording.
Signing
I remain available at signing if you need anything explained. If the contract is to go to the land registry office, I also prepare the application for registration.
Scope
What contract drafting can include
I always set the scope according to the particular matter. For example, the following documents.
Sale contracts
Transfer of a flat, house, plot of land or movable property, including the terms of payment and handover. For real estate, I align the contract with the title deed extract.
Lease contracts
Lease of a flat or non-residential premises, including the deposit, termination and handover. I also regulate who pays for routine repairs and utilities.
Business contracts
Contracts for work, service agreements, supply contracts and general terms and conditions. I focus on the subject of performance, deadlines, liability and contractual penalties.
Employment documents
Employment contracts, agreements on work performed outside an employment relationship, and their amendments. I take care of the elements required by the Labour Code.
Review and amendment
Review of a contract presented to you by the other side, proposed changes, addenda and termination agreements. The result is an overview of the provisions I recommend changing, with reasons.
Authorisation of the contract
Authorisation can be agreed separately: I draft the contract, verify the identity of the parties and the lawfulness, and attach the authorisation clause (§ 1a zák. č. 586/2003 Z. z.). It is used mainly for an application for registration with the land registry.
A contract is signed once. That is why I review it before you sign.
Review
What I check in a contract
For every draft I go through the same set of questions. It is a checklist, not an exhaustive list, and I add to it according to the type of contract.
Parties and authority to act
I verify who the parties are, whether they can act alone and whether the consent of another person is needed, for example a co-owner or a spouse.
Subject matter
The subject matter must be defined so that it is clear what the agreement concerns. For real estate this means the cadastral area, the title deed number and the plot or house number.
Price and payment
I check the amount of the price, the due date and the method of payment. Where the value is higher, I explain the options for linking payment and handover in time.
Legal defects and encumbrances
For real estate I check the title deed extract, in particular liens, easements and notes on pending proceedings. I explain their effect on the contract.
Deadlines and consequences of breach
I go through performance deadlines, contractual penalties, withdrawal and termination. These are the provisions that apply when something does not go to plan.
Compliance with the law
I assess whether the provisions contravene the law and whether they are sufficiently definite and intelligible. The aim is to avoid the invalidity of the whole contract or part of it.
Questions
Frequently asked questions about contracts
Can you review a contract that the other side has sent me?
Yes. I review its content, point out provisions that need clarification and propose changes. Please do not sign the contract before I have explained its consequences.
How is the fee for a contract determined?
We agree the fee in writing before work begins, after I assess the scope and the documents. For a selected offer a fixed price applies, shown on the pricing page.
What do I need to provide to have a contract prepared?
The details of the parties, a description of the subject matter, the agreed price and the deadlines. For real estate, also a current title deed extract. Please do not send copies of ID in advance; I will request them if needed.
When does ownership of real estate pass to the buyer?
Ownership of real estate under a contract is acquired by registration in the land registry (section 133 of the Civil Code), not by signing alone. That is why I also prepare the application for registration.
Does a contract always have to be in writing?
Not always. The law requires it for some contracts, for example a transfer of real estate. For others you may agree otherwise, but written form makes it easier to prove the content of the agreement.
How long does it take to prepare a contract?
I set the time after assessing the scope, mainly the number of parties and the complexity of the agreement. For the selected offer for real estate agents, the deadline is stated in the offer terms.
What if the agreement changes after signing?
It is advisable to make the change in a written addendum signed by all the parties. I will prepare the addendum and assess whether the change affects an application for registration already filed or other documents.
Do you need a contract drafted?
Write to me briefly about the agreement and who the parties are. We will agree the scope of work and my fee before I begin.