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合同是民法关系中调整经济行为最常见的表现形式,在市场经济条件下,合同已成为市场主体联系的主要纽带,市场主体的一切经济活动都离不开合同。任何安防企业都会在日常经济活动中接触大量的合同。而具体在签订和履行合同时,除经济业务本身的风险外,企业会面临诸如违法违规招致处罚的制度风险、合同一方违约导致的信用风险以及合同内容约定不明或失误导致纠纷和损失的条款风险等,如何把握住这些风险,并在具体执行的过程中予以防范是合同订立人和履行人应当考虑的问题。重视并正确签订合同,在很大程度上能规避和化解上述风险。笔者总结了实践中经手的案例,提取其中特别容易引起纠纷的若干问题,希望能引起安防企业领导及合同承办人员的重视。
Contract is the most common form of economic behavior adjustment in civil law relations. Under the condition of market economy, the contract has become the main link between the main body of the market and all the economic activities of the market body can not be separated from the contract. Any security company will contact a large number of contracts in its daily economic activities. In particular, when signing and fulfilling a contract, in addition to the risks of the economic business itself, the enterprise will face institutional risks such as penalties for infringement of laws and regulations, credit risk resulting from the breach of contract by the parties involved, and the risk of disputes and losses arising from the unclear or incorrect stipulations of the contract How to take these risks and how to prevent them from being implemented in the process of implementation are the issues that contractors and implementers should consider. Emphasis and correct signing of the contract, to a large extent, to circumvent and resolve the above risks. The author summarizes the handling of the case in practice, which extracts a number of issues particularly prone to disputes, hoping to cause security leaders and contractors contract attention.