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(+1) 718-5225575
The legal system of the United States is totally different from that of many other Countries.
To put it simply, the big difference is due to the fact that, in the United States, there is no Civil Code governing the relationships between the parties. The US legal system is almost entirely based on previous cases and is modelled on the Anglo-Saxon legal system.
In US contracts, the will of the parties plays a prevailing role. This is the reason why, in the United States, contracts always contain a lot of pages: since there is no civil code making up for omissions, the contracts in the United States need to provide for everything or almost everything. Therefore, in the United States, the advice of a lawyer is needed every time that a contract is drawn up!
In a contract, it is extremely important to delineate both the obligations of the parties involved and the possible outcome(s) if any party fails to meet its obligations. If these elements are not carefully specified in the contract, legal action will follow and the case will be tried by a US judge. These aspects are often poorly understood by foreign companies that want to export to the United States.
US contracts are made up of dozens and dozens of pages for a precise reason: everything that is not written in the contract is not enforceable, therefore everything needs to be written down and every situation has to be delineated. It is better not to leave anything to chance, remembering that contracts (in the United States, too) are not made to settle matters when EVERYTHING IS GOING WELL, but rather to govern relationships when things are NOT going well any longer.
Another poorly understood aspect of the US legal system is its drastic need for specialization, which is also reflected in the drafting of contracts. Since previous cases are so important, law firms must specialize in specific fields the United States. In other words, lawyers dealing with patents usually do not draw up commercial contracts. Because of this, it becomes necessary to have contacts with several law firms so as to cover all the needs of a company that wants to start selling in the United States.
Over the years, we've selected reliable, specialized law firms that can provide comprehensive legal assistance and advice to small companies that want to export to the United States: drafting of contracts with agents, representatives, distributors, and importers; drafting of contracts in general; patent and copyright procedures for the United States; debt collecting.
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