A. Review whether the contract terms are complete, legal and effective, and whether their legitimate interests are reflected.
B. pay attention to the signing of the contract breach clause. A simple example is as follows: According to Article 64 1 of the Civil Code, the parties may stipulate in the sales contract that if the buyer fails to pay the price or other obligations, the ownership of the subject matter belongs to the seller. The ownership of the subject matter retained by the seller shall not be opposed to a bona fide third party without registration. In addition, you can take the form of liquidated damages, that is, the longer the overdue payment time, the higher the liquidated damages, and urge the other party to pay as soon as possible. As far as possible, the court where the company is located should be appointed as the court of dispute jurisdiction, so as to avoid going to other places for litigation in case of disputes, which will consume more financial resources and be afraid of local protectionism.
C. Establish a contract approval and review system, and employ lawyers or perennial legal advisers of enterprises to participate in the negotiation and review of major contracts.
D establish a contract file management system to track and summarize the contract and lay a good foundation for future litigation. Otherwise, if a lawsuit is needed, even the most basic contract evidence is not available, and it is necessary to bear the responsibility of failing to provide evidence. (According to the Supreme Court's Provisions on Several Issues of Evidence in Civil Procedure, whether the evidence is sufficient and submitted to the court in time has a great influence on the success or failure of the case.)
1. Process control measures:
That is, during the performance of the contract, once the other party is found to have overdue payment or other breach of contract, corresponding measures should be taken in time to avoid delaying the opportunity, and the other party can be notified to terminate the contract under the following circumstances. The purpose of the contract cannot be achieved due to force majeure; Before the expiration of the performance period, one party clearly indicated or indicated by his own behavior that he would not perform the main debt; One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged;