Lawyer - Commercial contracts

Commercial contracts are a fundamental tool for securing business relationships. Its drafting, execution and revision must comply with precise rules derived from commercial contract law, the Commercial Code, and sometimes from other branches of law such as tax law, competition law or private law. Poorly structured or unsuited to the company's context, a contract can compromise a project, unbalance a partnership or lead to costly litigation.

Solent Avocats works alongside companies, retailers, service providers and distributors to structure, secure and defend their commercial contracts. We assist you at every stage: from the creation of the contract to its signature, including negotiations, review and dispute management. Our legal expertise covers all types of contract: distribution agreements, franchise agreements, service provision agreements, partnership agreements, business transfers, commercial leases, general terms and conditions, etc.

Our firm's approach is pragmatic and sector-specific: we work with both local entrepreneurs and international groups. Drawing on our expertise in business law, commercial litigation, distribution law and tenancy law, we work with our clients to develop legal solutions tailored to their commercial activities.

Secure your commercial contracts from the moment they are created

Every commercial contract involves obligations, often complex, between two parties. The use of standard models or the absence of legal advice can expose you to risks: non-performance of the contract, breach of an essential clause, sudden termination of an established relationship. The general terms and conditions of sale (GTCS), for example, must be rigorously drafted to be enforceable and comply with the Civil Code and the Commercial Code.

We ensure the legal security of your contracts from the moment they are created: audit of existing documents, analysis of requirements, drafting of sensitive clauses (payment, guarantees, exclusivity, confidentiality, intellectual property, competent jurisdiction, mediation, etc.). This rigour prevents disputes and gives you a strategic advantage in your business.

Strategic support during contract negotiation and execution

Negotiating a commercial contract is a pivotal stage. It involves the responsibility of both parties, even before the contract is signed, and involves protecting your interests without blocking the commercial relationship. Poorly negotiated terms can lead to contractual imbalances, or even be punished by the courts as unfair competition or an unfair term.

We support our customers at every stage of the transaction: preparing for negotiations, drafting agreements, updating the contract in the event of necessary revisions or changes in requirements. During the performance of the contract, we intervene to prevent blockages, adapt clauses or assert your rights.

Preventing and managing commercial disputes

Commercial disputes are often linked to non-performance of the contract, differing interpretations or unjustified early termination. Case law punishes misconduct, including unfair practices and breaches of a duty of loyalty between business partners.

We handle all types of commercial litigation, both as advisers and as representatives before the civil and commercial courts. Whether it's debt recovery, the brutal termination of commercial relations, the breach of a non-competition clause, non-performance or mediation, we will define a strategy tailored to defending your interests.

When faced with a contractual difficulty, our firm will provide you with a tailor-made solution, whether amicable or judicial.

Specific contracts and business sectors covered

Each commercial sector generates specific contracts. A franchise contract does not present the same challenges as an IT contract or a commercial leasing contract. Our firm operates in a wide range of fields: traditional commerce, physical or online distribution, e-commerce websites, digital services, business real estate, logistics services and professional insurance.

We also assist commercial agents, exclusive distributors, franchisees, lessors, service providers and sole traders. These activities involve specific clauses: territoriality clause, exclusivity, performance obligation, contractual guarantee, data security, etc.

Our expertise extends to business transactions (purchase, sale, management lease), commercial leases and business transfers. We also act on employment contracts where the commercial dimension is predominant (e.g. non-competition clauses, confidentiality obligations, performance pacts).

International trade and cross-border contracts

In a globalised world, the drafting of commercial contracts under international law requires specific expertise: applicable law, arbitration clauses, Incoterms, cross-border taxation, hardship or force majeure clauses. The slightest approximation can lead to legal problems in the partner's country or before foreign courts.

Our firm assists companies developing their business internationally. We work in French or English, incorporating recognised contractual standards. We advise on the choice between arbitration and state courts, on the effects of applicable international conventions, and on the compliance of contracts with public law or the foreign law concerned.

Things to remember before signing a contract

Before signing any contract, there are a number of points to be borne in mind:

• Check confidentiality and non-competition clauseswhich often give rise to disputes.

• Examine the general terms and conditions of sale to ensure that they comply with commercial contract law.

• Evaluate your insurance cover in line with the contractual guarantees assumed.

• Make sure your contract is tax compliant (VAT, withholding tax, returns).

• Pay attention to the jurisdiction clause and applicable law (French or foreign).

• Consult a lawyer for independent legal advice before making any commitment.

These steps are fundamental to ensuring the validity of your contract and limiting the risks of non-performance, disputes or subsequent challenges.

Why call on Solent Avocats?

Our firm provides day-to-day support to businesses of all sizes, in a wide variety of sectors. As a business law and commercial contracts lawyer, our role goes beyond technical drafting: we advise our clients on contractual strategy, legal structures and the management of commercial relationships.

Our knowledge of civil law, employment law, property law, competition law and tax law enables us to offer cross-disciplinary support. We provide legal advice as well as commercial litigation before civil, commercial or arbitration courts. Our thoroughness, attentiveness and ability to transform a problem into a concrete solution make all the difference.