Is there a standard contract template?

Poorly drafted contracts can engulf business activity and generate legal conflicts for years. Rightly, the entrepreneur is more and more concerned with drawing up the contracts that come from his company and with the ones he receives to analyze and sign. Contract is routine in relationships, much more when involving companies, formally establishing links, such as work, partnership, service provision, product placement in the market.

Personal data such as name, CNPJ / CPF, marital status, profession, updated physical and electronic address must be filled in correctly. In addition, these data are very important in cases of collections and executions. The contracts establish obligations, rights and duties that truly are considered "law between the parties", provided that the legal system to which they are submitted is respected. Hence, because the understanding, clarity and legitimacy of the contracting parties are indispensable, verification that the conditions previously agreed upon are duly written, on a case-by-case basis.

The clearer the document is, the easier it will be to avoid or resolve conflicts, even if they are prosecuted. Contracts are to be fulfilled, but one must not foresee circumstances that may lead to motivated (or unmotivated) termination and respective fines. Although willing to honor the pact, it is important that contractors stipulate, in the event of breach of contract, penalties.

It is also suggested that special attention be given to the Associations of the Industry regarding Business Cooperation contracts and legal, formal and practical care so as not to cause the impression of existence of an employment relationship where there is not. Labor liabilities arise easily from poorly equipped relationships.

Far from exhausting the subject, it is certain that the transparency, good faith and precaution are solid bases of contractual relations safe and that do not cause prejudice to the enterprise.

Gilce Lerner / Legal - OAB / RS 46,121


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