The law of obligations forms the cornerstone of everyday life and commercial relationships. From renting a home to buying a vehicle, from injury in a traffic accident to a tort suffered at the workplace, a great many events fall directly within the scope of the law of obligations.
Scope of Our Service
Bilkay Legal provides contract drafting, review of existing contracts, contract negotiation, mediation and litigation in the event of a dispute, and legal representation in all manner of pecuniary and non-pecuniary compensation claims for individuals and legal entities alike.
Our Principal Practice Areas
- Contract drafting and revision
- Sale, works and service contracts
- Breach of contract and rescission actions
- Adaptation of the contract (TCO art. 138)
- Pecuniary and non-pecuniary compensation actions
- Traffic accident compensation
- Work accident and occupational disease compensation
- Tort liability
- Loss-of-support compensation
- Physician/hospital liability (malpractice)
- Insurance compensation disputes
- Agency without authority and unjust enrichment
Contract Drafting and Review
A contract is not merely the parties' intentions committed to paper; it is an instrument that protects the parties by anticipating every risk that may arise. Our office drafts every type of contract under the Code of Obligations — chiefly sale, service, works, lease, agency, commission and distribution agreements — in a way that strengthens the clients' commercial interests and legal position. When reviewing contracts presented by the other side, we identify risky clauses and take a partisan position on our client's behalf during negotiation.
Breach of Contract and Compensation
Where obligations arising from a contract are not performed properly or at all, different legal avenues come into play — a claim for performance, specific performance, default interest, a penalty clause and compensation for negative or positive damage. Which avenue is chosen depends on the nature of the contract, the gravity of the breach and the type of actual loss. Our office provides comprehensive support during the calculation of compensation and the gathering of evidence, including expert assessments.
Limitation warning: In compensation actions the limitation period is 2 years from the date of learning of the damage and, in any event, 10 years (TCO art. 72). In traffic accidents, the criminal limitation period may also come into play. To avoid the loss of your rights, it is important to obtain legal advice as soon as possible after the event.
Traffic Accident Compensation
Traffic accidents can give rise to numerous heads of compensation, such as bodily harm, vehicle damage, loss of earning capacity and loss of support. The amounts recoverable from the insurance company and the actions to be brought directly against the at-fault driver or operator require different procedures. Our office manages the entire process, including review of the accident report and traffic record, calculation of loss, settlement negotiations with the insurer, and actions before the Insurance Arbitration Commission and the local courts.
Work Accidents and Occupational Diseases
Work accidents bring with them pecuniary and non-pecuniary compensation for the worker or their relatives, loss-of-support compensation, permanent incapacity compensation and Social Security Institution recourse actions. In these cases, elements such as the employer's fault, the worker's contributory fault and unavoidability must be established by an expert report. Our office provides legal representation covering the full extent of the client's loss, including Social Security Institution processes.
Frequently Asked Questions
Is an oral contract valid?
As a rule, contracts are not subject to any particular form; oral contracts are valid as well. However, in contracts for which the law prescribes a written or official form (sale of real estate, marriage contract, suretyship, and so on), failure to observe that form renders the contract void. Difficulty of proof poses a serious risk in oral contracts, so it is always advisable to record important relationships in writing.
How is the amount of non-pecuniary compensation determined?
In calculating non-pecuniary compensation, the nature of the event, the parties' economic circumstances, the gravity of the fault, the degree of pain and suffering experienced, and the principle of equity are assessed together. Settled case law of the Court of Cassation, amounts awarded in similar events, and the personality rights protected under the Constitution define the framework of the judge's discretion.
In a traffic accident, may I apply only to the insurance company?
For amounts within the scope of Compulsory Financial Liability Insurance (traffic insurance), it is possible to apply directly to the insurer, and the Insurance Arbitration Commission process often produces a faster result. Where the policy limit is exceeded or non-pecuniary compensation is at issue, a separate action must be brought against the at-fault driver and the vehicle operator.