1, improve the qualification examination before the contract.
Major projects, contracts with large amount and long performance period need strict pre-contract review, including subject qualification review, business scope review and performance ability review. In the aspect of subject qualification examination, it focuses on whether the subject of the contract is a legal person, whether its business license is legal and valid, and whether it exceeds the agency authority and business scope. For example, when examining the subject of a construction contract, the construction qualification and the construction safety permit are necessary qualifications, which must be emphatically examined. In the review of performance ability, we should do a good job in reviewing the authenticity of registered capital, accounting information, shareholders and historical performance.
2, standardize the terms of the contract content
The function of contract terms is mainly to clarify the rights and obligations of both parties and ensure the effective performance of the contract. Prevention of contract legal risk management (risk control network) requires enterprises to pay attention to the completeness of terms, the clarity of meaning, the balance and reciprocity of rights and obligations, guard against traps in contracts, and implement contract registration and notarization according to regulations. In addition, with the continuous improvement of economic and social standardization, a large number of standard contracts have appeared in the business activities of enterprises. Article 39 of the Contract Law stipulates that the party providing the standard contract shall take reasonable measures to draw the attention of the other party to the terms exempting or limiting its liability. Therefore, when drawing up a standard contract, we must strictly abide by the relevant norms of the contract law, and resolutely demand amendments when encountering unreasonable standard clauses, so as not to infringe and resolutely safeguard rights.
3. Track the whole process of contract performance.
On the one hand, enterprises should pay attention to collecting and saving the most complete information in the process of contract performance. For example, in the process of fulfilling the purchase and sale contract, we should pay attention to saving the purchase order, arrival acceptance form, receipt form, invoice copy, bill of exchange, statement, etc. In this way, not only the whole performance process of the contract can be completely recorded, but also the responsibility can be clearly defined, which is convenient for extracting evidence after the lawsuit arises. With the continuous development of e-commerce, fax and e-mail play an increasingly important role in the economic activities between enterprises, and this form has also been confirmed in China's new contract law. Therefore, the contract materials in the form of online e-commerce also need to be paid enough attention.
On the other hand, enterprises also need to pay attention to the protection of rights and interests in the process of contract performance and strictly enforce the terms of the contract. If the contents of the contract change or the agreement is unclear, a supplementary agreement or a correction agreement shall be signed in time. When the legitimate rights and interests of enterprises are infringed, we must resolutely take up legal weapons to safeguard rights and not blindly implicate each other. Finally, beyond the time limit for litigation, the legitimate rights and interests of enterprises are not protected.
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