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Drafting of Documents and Contracts

Wolfenson Lawyers tries to rigorously write the contracts and legal documents of our clients.

It is essential that the terms and conditions stipulated in contracts and / or documents are drafted clearly, precisely, professionally and that they do not lead to confusion.
Article 1545 of our Civil Code states: "Every legally concluded contract is a law for contractors." Therefore, what is established in them is of utmost importance for the optimal satisfaction of our clients.

It is for this reason that our attorneys will assist you in drafting a contract to the extent that is appropriate and specific to your needs and requirements. Taking especially into account the business that our clients want to carry out.

We guide our clients in each stage of this process, from their deed to their effective signature, notarizing or reducing this to public deed. Thus ensuring your peace of mind and the effectiveness of the agreements you decide to enter into.

The following is a legal guide to provide general guidance on contract drafting:


What is contract drafting in Chile?

The drafting or preparation of a contract is the procedure aimed at preparing an appropriate legal instrument to regulate the rights and obligations arising from a relationship or business developed between private and/or public entities. The above, in order to have a complete and sufficient regulatory framework for the success of such business or association. For the above, it is relevant to have the legal advice of lawyers specialized in contracts, in order to have a rigorous legal analysis and understanding of the legal scenarios that may arise from such linkage, and thus include the legal clauses that are appropriate for that purpose.


What aspects must be taken into account in order to have an adequate civil or commercial contract?

Considering that each contract is unique and requires special attention to detail, the most important aspects of a contract are to provide security to the parties during the execution and validity of the contract, but also afterwards. In order to safeguard the interests and rights of both contracting parties in the pre-contractual, contractual and post-contractual stages. Likewise, to opt for the suitable formality in the deed, either a private instrument, notarized or public deed.

What are the most common contracts in Chile?

Among the most common contracts are the promise of sale contract, purchase and sale contract, lease contract, transaction, special and judicial mandate, mortgage contract, pledge contract, mutual guarantee contract, bail bond contract, bailment, assignment of rights, leasing contract, confirming contract, franchise contract, construction contract, royalty contract, advertising contract, distribution contract, confidentiality and secrecy contract, collaboration or association contract between private parties and companies, deeds of incorporation, modification, merger, division of companies, among many others.


Why is it relevant to have a lawyer specialized in drafting a contract?

1.    Nationally and internationally recognized experience: Wolfenson Abogados has extensive experience in the field of contract law. Our team of lawyers is highly specialized in the analysis, study and drafting of contracts, which allows us to provide legal services of excellence in every aspect of the contractual procedure both in Santiago, as well as throughout Chile and the world.

2.    Constant updating: Wolfenson Abogados keeps itself updated on local laws and regulations related to contracts. This allows the contracts drawn up by our specialized lawyers to be adjusted to the latest legal regulations, which provides greater legal certainty and minimizes the legal risks associated with each operation.

3.    Personalized Attention: Wolfenson Abogados understands that each contract is unrepeatable, since each business or transaction has special particularities that must be examined and attended to with the adequate detail and legal expertise. Our expert lawyers work closely with each client to assimilate their specific requirements, commercial objectives and guarantee that the contract is adequately adapted to the success of their business.

4.    Specialist Legal Analysis: Our lawyers in Santiago perform a thorough legal analysis of each contract, reviewing all legal terms and clauses to identify possible areas of improvement, ambiguities or potential risks. In order to favor a lasting relationship between the parties, and to prevent possible future legal conflicts.

5.    Integral Legal Advice: Wolfenson's lawyers in Las Condes, in addition to the analysis, study and drafting of contracts, provide integral advice in all stages of the contractual process. From the negotiation of the terms and clauses of the contract for the benefit of our clients, to the compliance phase of the legal instrument. Recognized by international media as the best lawyers in Chile, each client of Wolfenson Abogados will have at his disposal a highly specialized legal team to answer questions, provide strategic guidance and resolve any aspect during the negotiation, drafting or execution of the civil contract.

In case of human rights violations, Wolfenson represents its clients in legal actions before the Inter-American Court of Human Rights.


Links of interest on Contract Law, Drafting of Contracts and Legal Documents in Chile:

1.- Civil Code

2.- Code of Civil Procedure

3.- Principles and Techniques in the Drafting of Contracts - University of Chile

4.- Some semantic limits in the drafting of smarter contracts

5.- Theory of Contract Law and its relation with Dogmatics

Wolfenson Lawyers. Chile Law Firm.

If you need more information and legal advice regarding the drafting of documents and contracts, we invite you to contact our lawyers in Santiago. We are located at Av. El Golf 40, Floor 12, in the commune of Las Condes, Santiago de Chile.

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