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北美作业代写:Enterprise contract risk management

2018-03-28 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Enterprise contract risk management,供大家参考学习,这篇论文讨论了企业合同风险管理。合同对于一个企业来说尤为重要,企业管理的关键在于对相关合同的管理。在合同签署到施行的过程中存在各种各样的风险,这些风险由客观因素造成的,而客观风险是无法避免的,其最终造成的损失是需要签订合同的多方公共承担。合同风险还有一类是由于主观原因造成的,在合同施行过程中,各个利益方的关系复杂,合同实施的方式也是多种多样,也正是因为这些原因,造成一些引起风险的主观因素,不过这种风险可以通过一定的方式方法进行预防。

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In the process of conducting business activities, any enterprise relies on various contracts to carry out activities. The contract is an embodiment of the relationship between an enterprise and other legal persons, and it is also an important legal basis for the rule of law society. As long as there is a contract, all activities should be carried out against the execution. If there is any violation of the content of the contract, the relevant punishment shall be made accordingly. This kind of punishment convention increases the constraint condition for the enterprise to comply with the contract, guarantees the enterprise to act the reputation according to the contract. The contract is particularly important for an enterprise, the key of enterprise management lies in the management of related contracts. To the process of implementation of the contract is signed there are all kinds of risks, the risks caused by objective factors, objective risk is inevitable, the ultimate loss is caused by the need to sign a contract in public. Another type of risk is caused by subjective reasons, in the process of contract implementation, the complex relationship of all stakeholders, contract implementation way also is varied, is also precisely because of these reasons, the risk caused by some subjective factors, the subjective aspect of risk is can be effectively prevented through certain methods.

Domestic laws have certain restrictions on the business qualifications of enterprises, and the degree of restriction of enterprises in different fields is different. The industrial and commercial administrative departments such as general enterprises only need to obtain corresponding business license, can be in within the prescribed scope of its business activities, but for some special fields of enterprises not only should have corresponding business license issued by the ministry of commerce and industry, at the same time have the related department to the enterprise of construction qualification certificate material, the qualification of the construction work more detailed constraints. Once a company has entered into a contract beyond its own business scope, the contract risk will be assumed.

Domestic enterprise contract management is relatively rigid, has the certain approval process, once appear, the contract without approval, finally caused the department concerned to corresponding punishment of contract implementation of the party, which is in the process of examination and approval of risk, for example, building contract signed only obtain corresponding land examination and approval of qualifications to perform, no land examination and approval, construction contract is a madrassa reflected, if not in time for the corresponding formalities for examination and approval, the contract will become a dead letter, without any legal effect.

The integrity of the contract itself is the main factor in its risk. For example, there is no clear in the contract on delivery time, cause the parties to understand the misunderstanding, eventually may occur due to constraints are not clear the risk of resulting in the loss of the parties to the contract. Contract is mainly composed of two parts of the text and accessories of the text to the main contract, delivery time, way, both sides, mark clear after the default liability convention and so on aspect, the attachment content is mainly target and technical data, such as some of the chart, the body play a supplementary role, contract its problems finally affect its implementation.

After the contract is signed, in conformity with the provisions of the state, has the force of law, in the process of execution, the contract parties are obligated to carry out the relevant terms of the contract, unconditional and also enjoy the corresponding rights, but also can appear in the contract execution in practice must change, affect the normal performance of the contract, that is in the process of execution of existential risks. Companies are particularly shortage on raw materials, for example, not to hand over the products with good quality, the company they have appeared in the process of execution of the contract breach, not only caused his breach of contract damages, but also caused to the other party suffered losses due to not get the goods in time.

The whole process of the running of the contract, to establish a risk control mechanism, not only to refine the related contract management system constraints, equipped with corresponding personnel management at the same time, the management level of business also should strengthen training, to ensure the smoothly running in the contract. The following is to further improve the corresponding pre-contract, middle and post-management measures according to the order of execution, and enhance their ability to resist risks.

Prior to the signing of the contract, the relevant risks shall be prejudged and the corresponding prevention and control measures shall be taken to minimize the risk of the contract. Reasonable planning content of the contract, the various items of the contract for the corresponding constraints, for the key terms to have a specific plan and the liability for breach of contract, determine the important content of the performance of the contract form, and have a serious scrutiny and refinement. There should be further elaboration between contracts with related degrees. Sometimes enterprise can not only sign a contract, there is a certain correlation between enterprise signed contract, for example, car accessories factory in the car factory at the same time, the corresponding supply contracts between the corresponding supply contract with raw material factory, the correlation between the two contracts is the coordination problem of delivery time, should careful when scrutiny that has the relational contract, not the contradiction between each other.

The special person shall manage the execution of the corresponding contract, inform the enterprise of the problems discovered during the execution, and make up the leakage measures. Process of design management, implements procedural management for contract management mainly is protected from various irregularities, guarantee normal execution of the contract, for example, the contract payment review process, appear problem, report to the enterprise process, etc. Defaults when they encounter each other in time when you exercise the corresponding rights, to enterprise's losses to a minimum, fixed corresponding information evidence at the same time, to prevent contract disputes occurring after no corresponding evidence.

After the execution of the contract, there is still some risk in the contract management. Because the other default behavior, thereby causing loss to the enterprise for implementation of the claim, behavior to the other party refuses to compensation, do all the preparation may be resolved through legal channels, such as evidence of a fixed, etc. Comb file corresponding contract documents, after the contract in the implementation needs further to safekeeping, because some of these terms and conditions may be implemented in the future, once not implemented, can bring up the corresponding contract, claim. Evaluate the contract accordingly. This is a process of summarizing the experience and making an effective evaluation on the whole process of contract implementation as a reference for future contract management.

Contract management is a part of normal business activities. Effectively develop various system of contract management, personnel management, to find the contract in the whole process running problems timely feedback enterprise, set up a contract management operation mechanism and implementation process, so that the risk of the enterprise contract management can reduce further, even if there is a problem, also have corresponding remedy plan.

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