On December 13th, JAVY Law Firm successfully held the activity of “Legal Risk Management of Enterprise Contracts in the Era of Civil Code”, which was delivered by Mr. Ge Youshan, Director of the Supervisory Committee of the Law Firm and Founding Partner of the Law Firm, and synchronized with the live broadcast of the video number on the line.
At the beginning of the event, Mr. Ge took the story of Song Jiang in “Water Margin” as the introduction and vividly explained the importance of enterprise contract risk management. He pointed out that Song Jiang's ultimate failure largely stemmed from his negligence of risk and loss of control of trust, which is also a warning significance in enterprise contract management.After that, Ge you shan explained the specific strategies of enterprise contract risk management in the context of civil code. He said that before signing the contract, the enterprise should conduct a comprehensive verification of the partner's shareholder information, capital contribution, record of executors with bad faith, major litigation cases and intellectual property status to ensure the reliability and legitimacy of the partner. At the same time, he also explained in detail the practical operation of contract risk management with several specific cases.
During the contract signing process, Mr. Ge reminded enterprises to pay special attention to verifying the representative authority or agency authority of the actors to ensure the legitimacy and validity of contract signing. In addition, he also emphasized the clarity and completeness of contract terms, pointing out that enterprises should try to avoid using vague or ambiguous expressions to avoid ambiguity and disputes in the process of contract performance.With regard to risk management after contract signing, Mr. Ge put forward a number of practical suggestions. He suggested that enterprises should follow up the contract fulfillment in a timely manner, notify and confirm the verbal communication in writing, and keep the courier vouchers and express tracking records for sending the original documents. In the process of contract fulfillment, enterprises should actively exercise the rights agreed in the contract, such as the right to terminate the contract in advance, the right to claim compensation, the right of subrogation and the right of termination, etc., in order to safeguard their legitimate rights and interests. Moreover, enterprises should also strengthen the contract file management to ensure that the original contract is filed and kept and managed.
In the interactive discussion session, the lawyers carried out in-depth and enthusiastic exchanges and interactions around the many issues of enterprise contract risk management, while sharing their valuable experience and unique insights accumulated in the practice of contract risk management.At the end of the event, Mr. Xu Fadong, senior partner of the firm, made a summary speech. He said that Mr. Ge not only analyzed the various aspects of enterprise contract risk management from a legal perspective, but also presented a comprehensive and in-depth contract risk management framework in light of the international situation and the actual situation of enterprises. Mr. Ge's unique insights made people deeply realize that there is no end to learning. This activity is a high level, for lawyers in the contract management and related legal fields to point out the direction of the work, and its show of global thinking will be in the long term future on the innovation and enhancement of legal services to produce far-reaching and positive impact.
JAVY Law Firm has always been committed to consolidate and build a platform for lawyers to communicate and interact with outstanding law firms and industry experts, to promote the personal development of lawyers, to cultivate legal expertise and skills, and to empower lawyers.
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