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2019-01-29

Easy to subvert, but difficult to reconstruct - A feeling from contract training camps

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Phase 1

On the evening of January 29, the business study of Zhejiang Liqun Law Firm was held in the Moot court on the second floor of the original new school. This study is hosted by Lawyer Qiu Sujuan, Deputy Director of our institute, and delivered by Lawyer Zhang Wenzhong. The theme of the study is "Easy to subvert, but difficult to reconstruct", and the content mainly revolves around Lawyer Zhang Wenzhong's experience in participating in contract training camps. Starting from the auxiliary tools of contract review and the three perspectives of contract review, the skills and methods of lawyers in reviewing contracts were analyzed. More than 30 lawyers attended the study.

Full of dry goods

Contract Review Software and Computer Skills

(1) Common operations and skills in Word

(2) A Good Assistant for Lawyers to Review Contracts - Lawyer Assistant

(3) Checklist and mind map

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Speaker: Lawyer Zhang Wenzhong

Three Views on Contract Review

(1) Macro Contract Concept and Trading Model

The transaction mode determines the contract itself; Reflect the level and level of lawyers

1. Equity acquisition and asset acquisition

(1) Liability risk

(2) Delivery process and risks

(3) Tax differences

(4) Qualification and government approval

2. Direct and indirect transactions

(1) Qualification

(2) Confidentiality

(3) Intermediary

(4) Behind the scenes control

3. Guarantee method

(1) Conventional methods

Guarantee, mortgage, pledge

(2) Unconventional approach

Asset supervision

Ownership retention

Betting and repurchase

4. Combination of multiple legal relationships

Composite

Selective

split-level 

(2) Mid term - Contract Structure and Main Terms

1. Contract Title: Subject+Named Contract; Avoiding framework contracts

2. Contract subject: Do not omit the contract subject

3. Considering the part: Do not write substantive rights and obligations

4. Contract price: clearly agreed and unambiguous

5. Liability for breach of contract: Consider stance

6. Contact information: can be used as a jurisdiction

7. Agreed Jurisdiction: Clear

8. Contract signing: pay attention to expression

(3) Micro level - Contract language and clause revisions

Practical business writing; Comprehensive and without omissions; Unified text expression

(1) Be polite and courteous

(2) Using pyramid style expression

(3) Routine: Summarize, list, speak positively+speak negatively

(4) Simple and straightforward, without suggesting rhetoric

(5) Pay attention to special terms

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The first phase of business learning in 2019 was successfully concluded with bursts of applause, and everyone gained a lot. This is also the original intention of my regular business learning, which is to cultivate the learning ability of offline listening lawyers and to exercise the teaching ability of on-site lawyers, effectively combining the two to promote the comprehensive development of lawyers.

Alright, this concludes our business learning session. Let's look forward to the next exciting episode!

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