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How to review the contract law

Release time£º2016-02-29
Core content: lawyers should be how to review the contract. Of lawyers should be how to review the contract, should first clear review of the contract is one of the enterprise legal adviser to the project, but also in practice lawyers often meet problems, but how to review the contract, for the lack of corresponding operation experience of lawyers, often negligent, or review is not careful, or simply do not know what content of the contract review, which can not very good maintenance the interests of their clients. Needle in this regard, Premier Bangtao, Beijing law firm specially invited the senior lawyer Wang, director of to lawyers to explain this problem, Wang Junfeng, director of specially engaged in legal advisory services, in terms of contract review with rich experience.
Director Wang in lecture motherhood, Weiweidaolai, due to a field in which he is familiar with, so speak up also do a job with skill and ease, plenty of examples and detailed theory combined, for some newborn calf's lawyer, V is a big meal.
Review the contract, the first step must be to understand what is the purpose of signing the contract?. People, as an economic man, when engaged in any kind of behavior all have their own purposes, or are in the pursuit of certain interests. As a lawyer for clients, we review the contract is the interests of the parties, let them avoid some risks in the signing of the contract, to prevent the loss of interests since the signing of the contract. Therefore, our starting point is consistent with the law of the party. Clear the purpose of the parties is the basis to review the contract. Otherwise, our lawyers service may lose direction, or even the poles apart. In addition, only understand the purpose of the contract, to the essence of the contract, the contract to grasp the essence of surface not merely in terms of the contract, does not recognize the implied in the contract trap. Clear the purpose of the contract, also can let me understand that this contract is short-term or long-term, so as to understand the contract nature, contract review to grasp the sense of propriety.
Review the contract, the main examination is the rights and obligations of the contract. The contract is a kind of civil legal relations in essence, which constitute the most fundamental content of civil legal relationship is the rights and obligations. The rights and obligations relating to the fundamental interests of the parties, directly determine the interests of the parties and how much responsibility, so this part must seriously study. The services of a lawyer is in a fair and impartial stand up, but practice, lawyer service always has money, that is, tend to client's interests. Therefore, the contract review should as far as possible for more benefits for our client. "Have a duty to have gamma about", this is the director Wang has always emphasized the. Therefore, in the contract review should try for my party reduction obligations, to try to take less of gamma about responsibility.
Review the contract, should also be responsible about t. The parties after the signing of a contract, the proper performance of the contract is ideal, but there is always some sudden, will lead to gamma about to assume responsibility. Therefore, the review about the responsibility to help the parties understand t, whether there should be compensation, how compensation, and how much compensation.
Review the contract, and finally to see whether the jurisdiction of the court in favor of my party. In the performance of the contract will inevitably have a dispute, which solve the dispute relates to the court and jurisdiction. The jurisdiction is very important in the lawsuit, due to the existence of local protectionism, which shall be under the jurisdiction of the court of the area, and not in favor of the decision in the case directly in most cases. Of course, a court of competent jurisdiction, the civil procedure law clearly defined, for the provisions of the contract is mainly in civil litigation twenty-fourth and article twenty-fifth, article two of this practice should have a clear grasp, and use.
Director Wang finally in the lecture, the main emphasis is how to solve professional terms in the contract. Professional term, due to the very professional, judges and parties may be two sides don't understand, at this time, the case win or not, depends on the understanding of the terminology and different understanding leads to a different verdict. Director Wang suggested, in order not to in the professional terminology problems, the professional terminology as far as possible with popular language clearly stated in the contract, or is in the contract as a supplement, can also be directly in the contract as a clearly defined, so as to avoid the confusion of the concept.
Both director Wang, theory and practice, rich in content, speak of appropriate detail, loud and clear voice, magnetic, by the unanimous praise. Listen to the director Wang's lecture, I really have a refreshing feeling.

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