Contract law is a branch of law that defines the rules governing the conclusion and operation of contracts that materialize the reciprocal commitments of two or more natural or legal persons. Thus, contract law contains all the rules that define the validity of a contract as well as the consequences of the parties’ mutual commitments. It was developed based on the following three principles:
freedom of contract, the effect of which is in principle to allow the parties to draft the contract as they wish. However, it is tempered by public policy provisions that are intended to protect individuals
the binding force of the contract which results from the Code of Obligations by virtue of which any contract legally formed takes the place of law for the parties who have signed it
Avocat en droit des contrats à Genève
A distinction is made between synallagmatic contracts, which commit two or more persons, and unilateral contracts, in which only one person is committed. This is the case, for example, of a guarantee under which a person undertakes to pay the debt of the principal debtor in the event of the latter’s default. On the other hand, one can enter into a gratuitous contract such as a donation or a contract for consideration.
One of the most common examples of contracts signed by individuals is the residential lease agreement under which a lessor makes a dwelling available to his tenant in return for payment of rent.
A contract lawyer intervenes to defend the interests of any person who is confronted with the non-observance of the commitments of his co-contractor. However, it is best to choose a contract lawyer who specializes in the type of contract you have entered into. Thus, a lawyer specialized in residential leases will be able to defend you if you are a victim of a landlord or a tenant who is not respectful.