Breach of Contract and Enforce a Contract

Breach of Contract and Enforce a Contract. WHAT SHOULD I ANALYZE BEFORE I ENFORCE THE BREACH OF CONTRACT AND ENFORCE A CONTRACT?

Regardless of the pandemic we are currently experiencing, in everyday life, all natural or legal persons celebrate legal acts that have legal consequences, such as obligations to give, to do or not to do. In the same way, it is possible that these legal acts are protocolized through agreements of wills called contracts.

From this perspective, contracts are designed to ensure that the persons or companies involved in them have legal certainty of their rights and obligations in the event of a dispute, irregularity or non-compliance; It is for this reason that contracts reflect the willingness of the parties to comply fully with the obligations they have entered into. However, in practice it has happened to us that the contractual breach of one of the parties occurs and, although these failures are not premeditated or intentional, they bring with them affectations, and sometimes we do not know how to demand their reparation or the fulfillment of the agreement of wills.

In this regard, prior to applying to the competent court for the purpose of ordering the debtor party to comply with its obligation and make reparation for the damage it has caused, the following elements must be determined:

1. Determine the nature of the contract,
2. Review that the contract meets each and every element of existence and validity set forth in the law,
3. Define the term of the contract,
4. Observe the limitation periods set forth in the Law,
5. To observe whether the breach of contract by the obligor has caused damage to the property.

In addition to the above, all the necessary elements must be gathered to prove the enforceability of the obligation and, the measure and form of the loss or damage suffered in the estate.

So, if you’re in a similar situation and you have doubts about how to enforce a contract, He goes to the lawyers of Bandala | Díaz | García so that they give him punctual follow-up and together they gather the indispensable elements to initiate a proceeding in the judicial way.