Managing your civil and commercial contracts
The drafting of legal documents such as partnership agreements, confidentiality agreements, leases, general terms and conditions of use and sale, employment contracts, partnership agreements and franchise agreements is essential to ensure legal certainty and the smooth running of business relationships.
Partnership agreement
The partners' agreement is an extra-statutory agreement that organises relations between partners, defines their rights and obligations, and anticipates any difficulties that may arise. It supplements the company's articles of association by specifying aspects such as governance, share movements and procedures in the event of conflicts of interest.
Confidentiality agreement
A confidentiality agreement, or NDA (Non-Disclosure Agreement), aims to protect sensitive information exchanged between parties during negotiations or collaborations. It prohibits the disclosure of confidential data to unauthorised third parties, thereby ensuring the protection of trade secrets and strategic information.
Lease
A lease contract provides a framework for the provision of a property by a lessor to a lessee, in return for rent. It sets out the rights and obligations of the parties, the term of the lease, the amount of rent, the conditions for terminating the lease and other essential clauses for the peaceful occupation of the premises.
General terms and conditions of use and sale
The General Terms and Conditions of Use (GTCU) and the General Terms and Conditions of Sale (GTCS) govern the use of a service or website and the terms and conditions of sale of products or services respectively. They define the rights and obligations of users and customers, responsibilities, guarantees, terms of payment, delivery and complaints procedures.
Employment contracts
An employment contract formalises the relationship between an employer and an employee. It sets out the employee's duties, working hours, remuneration, benefits, the obligations of the parties and the conditions for terminating the contract. Precise drafting is crucial to preventing disputes and ensuring a harmonious working relationship.
Partnership contract
The partnership contract sets out the terms of collaboration between two or more entities wishing to work together to achieve common goals. It defines the roles, responsibilities and contributions of each party, the arrangements for sharing the benefits and the mechanisms for resolving disputes.
Franchise
A franchise contract allows one company (the franchisor) to grant another (the franchisee) the right to use a brand, know-how and commercial methods in exchange for royalties. It sets out the obligations of the parties, the standards to be met, the training and assistance provided, and the conditions for renewal or termination. In the OHADA region, although franchise law is not yet standardised, it is essential to comply with local regulations and draw up clear contracts to secure franchise relationships.
The drafting of these documents requires specialised legal expertise to ensure that they comply with current legislation, particularly in the OHADA area. It is therefore advisable to call on specialist professionals to draw up contracts tailored to your specific needs.