We manage claims both in and out of court, including disputes such as claims for payment, damages, and other claims to force the other party to comply with an agreement or legal obligation.
Claims for payment:
We defend your interests in claims for payment, taking the necessary action.
We also advise on these matters to ensure that the debtor’s and lender’s interests are duly documented. We believe in giving good advice before the reason for the dispute arises. We prefer preventive advocacy to remedial advocacy. We ensure that we include, in your best interests, all appropriate stipulations of interest to you in the documentation of the various transactions concerned, whatever their nature.
Claims for losses and damage:
We advise on claims for damages when one of the parties breaches an agreement and the other suffers a loss. Liability refers to the obligation to rectify the loss or damage incurred by the other party. If the injury leads to the breach of an existing contractual duty between the perpetrator of the harm and the injured party, the latter is contractually liable. In contrast, where the damage results from a criminal offence, civil liability will arise from a criminal offence. In contrast, where the damage occurs from failure to comply with a general principle of not causing harm to another, this is deemed a non-contractual liability. This responsibility entails the obligation to stop harming the third party with culpable or negligent behaviour – whether caused by acts or omissions – that does not arise from criminal wrongdoing or non-compliance with an existing contractual relationship.
Liability may be strict, which is when liability is based on the causal relationship between the damage caused by the perpetrator’s conduct unless there are grounds for exoneration. It may also be subjective, which is based on the idea of guilt; that is, the perpetrator of the act or omission that caused the loss or damage is responsible if he has acted without due diligence, which is the cause of the loss or damage.
As a general rule, the Civil Code is based on liability for guilt. Still, there are also assumptions of objective liability in the Code itself and the specific legislation.
Defence in liability claims:
We defend our clients in liability claims. We have specialised knowledge of procedural law and are ready to represent our clients’ interests in court.