Expertise
Law of Obligations
Specialized legal assistance for entrepreneurs, directors, and organizations
With our broad expertise in private law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. We offer legal advice at all levels, from the boardroom to individual stakeholders. Our services are characterized by high quality, reliability, and in-depth specialization.
- We worked for, among others:
Law of Obligations
In commercial transactions, obligations are continuously entered into. An obligation is a legal relationship in which reciprocal rights and duties exist. An obligation can arise by agreement (through the conclusion of the contract). An obligation can also arise directly from the law through a factual act. This extra-contractual obligation is an obligation arising from a tort. The law of obligations is a broad, dynamic area of law that always concerns a duty to perform or refrain from performing an act. We have extensive experience in contractual and extra-contractual dispute resolution through providing advice, conducting negotiations, or litigation.
The law of obligations falls under civil law. Examples of obligations in the law of obligations are: a cooperation agreement, a purchase agreement, a franchise agreement, or a loan agreement. An obligation can arise from an agreement or from the law.
The law of obligations governs the legal relationship between two parties. Both parties enter into an agreement with each other. They are required to adhere to the agreements made and included in the contract. If a party fails to comply with the agreement, this constitutes a breach of contract, also known as 'non-performance' or 'failure to perform'. When the party suffers damage (also referred to as the injured party or creditor), the other party (the debtor) is liable for the damage suffered.
When parties enter into an agreement with each other, all important information or important communications must be disclosed. If this is not done, it constitutes fraud. In that case, the agreement between the parties is annulled. Fraud occurs when one party provides the other party with an incorrect or false representation of facts. If this applies, the agreement between the parties is annulled.
If there is a breach of contract, meaning that the agreements set out by both parties in the contract are not adhered to, the party suffering damage is entitled to compensation. However, compensation can only be claimed if the damage is the fault of the other party.
If the injured party no longer wishes to maintain the agreement due to the failure to perform, it is possible to dissolve the agreement. The consequences of the agreement are then reversed as far as possible. If damages remain after the dissolution, these damages are claimed from the debtor.
The law of obligations is a broad, dynamic area of law that consistently concerns a duty to perform or refrain from performing an act. We have extensive experience in contractual and non-contractual dispute resolution through providing advice, conducting negotiations, or litigation. We have an experienced team of lawyers and legal experts in the field of the law of obligations. Please contact us to discuss the possibilities.
Mr. Jaime Boogaers
Corporate Law · Lawyer
In specialized legal cases, it is not just about the legal rule. It is also about evidence, timing, negotiating position, and the business implications of every step.
What we help with
We assist entrepreneurs and organizations with legal questions where careful assessment, strategy, and execution are important.
- Assessment of your legal position
- Analysis of contracts, decisions, correspondence, and supporting documents
- Advice on liability, defense, and strategy
- Drafting or reviewing legal correspondence
- Negotiation with counterparty, trustee, shareholder or advisor
- Guidance during escalation, proceedings, or settlement
When should you call in a specialist?
Legal assistance is particularly valuable when the stakes are high, deadlines are running, or when an incorrect response could weaken your position.
- There is a claim, demand, or notice of liability
- You are unsure whether to respond, negotiate, or litigate
- There are major financial or reputational risks
- The other party exerts pressure or uses short deadlines
- You want to prevent a response from being used against you later
- You want to know in advance what is legally and commercially sound
Assess first, then respond
In specialized cases, an initial response can be decisive for the subsequent course of action. An admission, incomplete explanation, or the wrong tone could be used against you later. Therefore, we first assess exactly what is being alleged, which facts have been established, which documents are missing, and which strategy aligns with your best interests.
Our approach
You will not receive an abstract legal account, but a practical assessment of your position, risks, and next steps.
01
Intake and initial assessment
We will briefly discuss the situation, the available documents, and your primary interests.
02
Analysis of position and risks
We assess your legal position, supporting documents, deadlines, and possible next steps.
03
Strategic advice
You will receive concrete advice on the best course of action: responding, negotiating, settling, or litigating.
04
Execution
We assist with correspondence, negotiation, litigation strategy, or further legal assistance.
Specialists for entrepreneurs
We combine legal analysis with practical experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of private law. In addition, they have specialized in one or more areas of focus within private law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about the law of obligations
Below, we answer frequently asked questions about this area of law, our approach, and seeking legal assistance.
When is legal advice advisable?
Legal advice is wise as soon as pressure arises, deadlines are running, an opposing party takes a position, or when the financial or strategic interests are significant.
Can MKB Juristen also help if there is already a conflict?
Yes. We assess your legal position, advise on strategy, and can assist with correspondence, negotiation, defense, or further legal steps.
How much does specialist legal advice cost?
Specialist advice is provided on an hourly basis in principle. Where possible, we provide clarity in advance regarding the expected approach, costs, and next steps.
Can I have a no-obligation consultation first?
Yes. You can request a free consultation. We will briefly discuss your situation and indicate which course of action is likely the sensible one.
Discuss your position
Do you want to know where you stand legally or what step is sensible? Discuss your situation with a lawyer or in-house counsel.
More expertise within this team
Also view the other sections within this area of law.
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