Drafting or reviewing commercial contracts

If you want to terminate a contract early, you should first check whether there is a termination clause in the contract. Many contracts contain a clause describing the conditions and procedures for termination, such as a notice period or an early termination penalty. If there is no specific provision, the contract can usually only be terminated early if there is a serious breach of contract by the other party, such as repeated failure to pay, despite repeated notice.

In case of breach of contract (non-payment, non-compliance with agreed terms, etc.), the contract can usually be rescinded to the detriment of the defaulting party. In an initial notice of default, you give the other party a chance to still fulfil its obligations within a reasonable period. If the party has not acted after this deadline, you can dissolve the contract (judicial or extrajudicial). Make sure you follow the right legal steps and, if necessary, seek advice to minimise the risk of legal complications after termination.

To effectively enforce payment terms, include clear and specific payment terms in your contract. Make sure the contract specifies when payment is due, the consequences of late payment (such as interest or penalties), and how payment should be made. If a customer or supplier does not pay by the agreed date, start with a notice of default giving them a last chance to pay. If payment is still not forthcoming after that, you can subpoena the party to enforce payment through the courts.

That depends on the exact wording of the clause. A non-compete clause must be limited in time, activities and geographical area to be valid and enforceable. If the agreement only mentions a prohibition within a certain region, you are allowed to operate outside that region, unless otherwise stipulated. We will examine together whether the clause is legally valid, and to what extent you can continue your activities without risk of sanctions.