On the afternoon of June 22, lawyer CaoChunfang, deputy director of JAVY Institute, was invited to participate in a series of online public welfare activities of "huhuhui" and gave an online "cloud" live lecture on the theme of "common legal issues and related assistance policies of enterprises in the current epidemic situation - enterprise contract transaction risks and production and operation". From 17 perspectives, combined with actual cases, he explained in detail the contract transaction risks of enterprises involved in the current epidemic situation Handle legal issues related to production and operation.
The event was initiated by the Beijing Business Service Industry Federation and jointly organized by the Beijing New Federation and other relevant professional associations and industry associations. It aims to actively cooperate with the implementation of the "18 measures to increase assistance to small, medium and micro enterprises" policy issued by relevant government departments in Beijing, help small, medium and micro enterprises to tide over difficulties and recover their development, deeply analyze policies and provide services for the majority of small, medium and micro enterprises, and open up the "last mile" of policy implementation. This activity has been successfully carried out for many times.
Caorei, executive vice president and Secretary General of Beijing Federation of business services, presided over the briefing. She briefly described the purpose of the event and hoped that through carrying out this series of activities, it would help the majority of small, medium and micro enterprises to resume work and production, and actively promote economic and social development.
Subsequently, CaoChunfang, deputy director of JAVY Institute, took "enterprise contract transaction risk and production and operation" as the theme, and focused on the common legal issues of enterprises during the epidemic, from 17 aspects, such as "force majeure during the epidemic", "failure to perform contracts during the epidemic", "how enterprises negotiate rent reduction policies during the epidemic", "how to deal with financial loans during the epidemic" and "how to deal with affected litigation and arbitration matters", Combined with practical cases, the common legal problems of enterprises are interpreted in detail.
The online live lecture lasted 1 hour. The whole live room was full of warm atmosphere. They all expressed that the explanations were detailed and professional, and the content was full of dry goods.
After the event, participants said that this public lecture not only provided ideas for enterprises to resume work and production and alleviate the difficulties encountered in the current operation, but also strengthened their confidence in the healthy development of enterprises.
Lecture content of lawyer CaoChunfang
1. can the epidemic situation of novel coronavirus pneumonia be recognized as "force majeure" in the performance of the contract?
2. if there is no force majeure clause in the contract or it is agreed to exclude the force majeure clause from the exemption, can the relevant laws and regulations of force majeure be applied directly?
3. if one party terminates the contract on the ground of force majeure, can the contract liability be reduced or exempted?
4. what should be done if the contract cannot be performed normally due to epidemic situation?
5. what evidence should be provided if a party to the contract claims exemption because the COVID-19 constitutes force majeure?
6. affected by the epidemic situation or epidemic prevention and control measures, what obligations do the parties to the contract have if they fail to perform on time?
7. affected by the epidemic situation, high-speed closure and other reasons, the cost of express transportation enterprises has become higher. Can you ask for an increase in freight?
8. affected by the epidemic, how to distinguish the responsibilities if the transportation contract is delayed or cannot be performed?
9. affected by the epidemic, how to deal with the delay or failure to perform international trade contracts?
10. can the lease contract require rent reduction?
11. affected by the epidemic, how can enterprises negotiate rent reduction?
12. during the epidemic prevention and control period, can the lessor claim to terminate the contract on the ground that the lessee of the commercial house delays in paying the rent, and require the lessee to bear the liability for breach of contract?
13. is there any alternative to rent reduction?
14. can the enterprise increase the price arbitrarily due to the supply interruption of products?
15. due to the impact of the epidemic, how to deal with the maturity of bank loans?
16. affected by the epidemic, how to deal with the uncollectible accounts receivable of enterprises?
17. how to handle the litigation and arbitration matters affected during the epidemic prevention and control period?
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