July 2019
Commercial Disputes Prevention and Management
For Heraclitus, a presocratic philosopher born in Greece in the 6th century BC, "The constant conflict of opposites is defined as the father of all things". The prospect of a commercial dispute is the inevitable risk of business. This is usually given a negative connotation. In itself, however, a dispute is neither bad nor good. It can also indicate the need for evolution and can even be a source of opportunity, and lead to a new situation of balance, better for the parties. If the conflict receives this generally negative connotation, it is because of the magnitude of the financial and emotional costs [...]
Commercial Contracts are of crucial importance
The value of an enterprise, its ability to prosper and even survive depend considerably on the quality of its contracts. A fortiori, one could say that the real identity of a company lies mainly in the sum of its contracts, since these contain the major part of its rights and obligations. The supreme interest of an enterprise therefore requires it to monitor the risks and legal issues of its contracts. This consideration starts from tthe incorporation of a company with the assembly of adapted contractual documentation taking into account the specific legal, regulatory and material constraints. Contract Monitoring and audit It is then [...]
Drafting
"Drafting" refers to assisting in the preparation and amendment of any company document, whether contracts, codes of conduct, company statutes or procedural documents. Writing effectively requires the combination of three prerequisites: an understanding of the nature and complexity of the proposed transaction; a specific competence, at the limit between mastery of the working language, common sense and knowledge of the law (taking into account the sector of activity) and the contractual environment of the company. This competence must be exercised to develop and maintain; the time and availability necessary for drafting and negotiation. When to seek an external legal advice ? Depending on [...]