Breach of contract is one of the most common cases consulted in law, so here we will give you some key points to help you know how to file a claim.
What is considered a contract?
First, it is important to understand what a contract is . The civil code establishes the following definition:
“Action in which one or more people (parties) agree to be obligated, with respect to another or others, to give something or provide some service”
In other words, it is a legal agreement between two parties who agree on certain conditions, responsibilities, obligations and rights , which must be fulfilled as stated in the contract.
Contractual breach and its requirements
Therefore, breach of contract is the situation in which one of the parties does not comply with what was agreed, either through negligence or malice, and causes damage to the other party.
The requirements for a breach of contract to be considered as such are the following:
- There must be a breach reaction
- It must be essential
- The non-compliance must have real importance for the economy of the parties
- That there is bad faith
How to claim?
First and foremost, it's important to contact a lawyer specializing in employment law . A lawyer can advise you on the best course of action so you understand your rights.
- First: As a first instance, you could opt for demand extrajudicially the fulfillment of the contract. That is, send a statement, leaving a written record of it, to the other party asking them to comply with the agreement in the shortest possible time.
If that doesn't work, either because of an inability to communicate with the other party or because of not receiving a response, mediation could be sought.
- Second: Opt for a mediator before starting a lawsuit. He will be in charge of bringing the two parties closer to an agreement. Or go to a conciliation that appears in front of a court, with the same objective.
Both options are voluntary and may not yield results. However, they are used to document one party's intention to reach an agreement.
- Third: Start a lawsuit through judicial means. Here the lawyer will be in charge of completing the formalities required by the claim and unlike the previous instance, in this case is mandatory the presentation of both parties.
Regardless of the demand for contractual compliance, a claim for damages due to non-compliance can be added to the lawsuit.
Litigation, Arbitration
The resolution of a dispute arising from breach of contract will be the responsibility of the judge handling the case. And it will depend on each specific case. However, Article 1124 of the Civil Code stipulates that “the injured party may choose between demanding performance or termination of the obligation, with compensation for damages and payment of interest in both cases.”
