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The ultimate purpose of contract review

Release time£º2016-02-29

The core content: what is the ultimate purpose of contract review?? the ultimate purpose of contract review is the concrete embodiment of these points will be edited by the contract law in the following in detail for you.
Analyzed from the perspective of the interests of the parties, entrust lawyers to review the contract of the ultimate goal is to judge whether a contract to ensure oneself to achieve the purpose of the transaction, the terms of the contract and is able to effectively protect their own rights and interests. In practice, most of the contract review is to find problems and improve, also have a small amount of contract review is only used to provide basis for decision making.
In order to achieve the contract by the parties to the transaction, to effectively safeguard the rights and interests of the two ultimate purpose, the contract must simultaneously meet the following conditions:
The terms of the contract to ensure his party to achieve the purpose of the transaction;
The transaction is legitimate, or although illegal but illegal cost in can bear or control of the fan in x;
The contract terms to meet the needs of their own side, but is clear and secure rights;
The problem of trading on the entity and procedures may lead to serious consequences? Left?;
The rights and obligations of the two parties is clear, there is no room for each other.
Based on contract must have the above conditions, in order to achieve the party a party's ultimate objective, which can be deduced from lawyers to review the contract work points. These points constitute the lawyers to review the contract must pay attention to the contract the intrinsic quality requirements.
At the same time, the contract is embodied through the written language rights and obligations of the parties system, must through certain skills of the rights and obligations of the contract through the choice of wording and arrangement structure, logical analysis and interpretation of the, and the quality of these statements will affect the contract quality and even affect the Party's rights and interests, therefore is also a lawyer to review the content. These constitute the external quality requirements of the contract, which is part of the necessary review, or they may have adverse consequences and legal defects. But while the other part is not required, but the overall quality is considered but also the need for review. Therefore, these problems also is to pay attention to the problem of lawyers for contract review. These problems include:
The structure of the contract arrangement is clear and reasonable, there are repeat and cross? Content;
The terms of the contract is complete, have left? To fulfill the blank contract;
The overall thinking, any excuse about gamma? Or the opportunity to escape sanctions;
The exact expression of language, the rights and obligations? There are second ways to explain;
The layout of beautiful appearance, reasonable terms, easy to read and find content or quoted.
Editor's note: from contract liability to review the contract. From contract liability to review the contract, first of all gamma about responsibility is gamma counter the civil liability of the contract, in addition to civil liability, the parties to a contract may also assume the responsibility of administrative or criminal.
According to the related liability contract, law review can put forward different views. If the contract party gamma about, should bear the gamma about responsibility, according to the different case can request the other party to continue to perform the contract, take remedial measures and compensate for the losses and other requirements. Should stand in the party's position on the consideration in selecting a request about t. To consider the nature of the contract by the parties, the relations of cooperation, communication and future, analysis and analysis of the pros and cons of contract to contract out from many angles, give full consideration to the interests of one party.

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