Signing Contracts with a Portuguese Company
Signing Contracts with a Portuguese CompanyUpdated on Monday 21st August 2017
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When deciding to sign contracts with a Portuguese company, entrepreneurs need to pay consideration to the general contract requirements, namely those included in the Civil Code. There is no mandatory contractual form imposed by law, so investors benefit from freedom of form when drawing up a contract in Portugal or another type of agreement.
Our lawyers in Portugal can also provide personalized assistance for drawing up different types of contracts or examining the legal provisions and liabilities included in an existing agreement.
Contractual form in Portugal
One of the characteristics of the Contract Law in Portugal is freedom of form: this means that the parties are free to generate a type of contract that suits their needs. Another important principle is that of good faith: the parties enter into an agreement and comply with its provisions in good faith.
Contracts may be signed between two or more parties. Contractual obligations, including those related to third parties, should be clearly stated and not implied.
Parties may choose to terminate an agreement or, if applicable, wait for its validity period to pass. The termination of commercial contracts may arise as a consequence of failure to perform the contractual obligations or if one of the parties has entered into insolvency. One of our attorneys in Portugal can help you with the termination of commercial or business agreements.
Contracts that are deemed invalid become null and void and fail to produce the desired effects. A party can invoke contractual nullity in a court of law and that Court in Portugal can declare that the agreement is null ex officio.
The provisions of a contract signed with a company in Portugal are to be interpreted objectively and the parties may not include unreasonable statements or false information in such a document. Contractual terms are to be interpreted within the context of the agreement.
Please feel free to contact the experts at our law firm in Portugal for more information on the requirements for entering into agreements and the legally binding provisions thereof.
Our lawyers can offer you a number of legal services, including legal representation and special services related to the enforcement of corporate agreements and other types of contracts.