There is no doubt that contractual behavior is a legal behavior, but it must first be an economic behavior. Contracts cannot exist without actual economic activities. Whether it is legal behavior or economic behavior, its essence is communication between people, which involves a lot of interpersonal communication, understanding, exchange and cooperation. This is the focus of contractual behavior. From this point of view, merely mastering industry and legal expertise is not sufficient for corporate legal work. Legal workers also need to pay attention to the real transaction process and human behavior in the enterprise. Fortunately, some senior lawyers with rich practical experience have begun to notice this problem and published some related works. Lawyer Li Jie's masterpiece - "Thinking and Methods of Contract Review" is one of them.
Compared with other books on the market, the biggest feature of this book is that it defines the nature of contract conclusion and review as a legal operation and forms a self-consistent contract conclusion and review system, which fully It considers the most fundamental purpose of a contract, summarizes the way of thinking about contract conclusion and review, and provides a general approach. However, this systematic pursuit does not obliterate the author's attention to details. The author starts from his own practical experience and the psychological demands of enterprises and people in enterprises to analyze the details that need to be paid attention to in contract production and review, and various warm Hints can be found throughout the book. This is perhaps the biggest highlight of this book. It incorporates psychological factors into the scope of contract production and review, and at the same time breaks through the academic community's definition of the purpose of contracts. It is not limited to economic interests, but also considers the reality and importance of personality interests.
Based on this, we return to the original question-what is a contract? The author gives a more appropriate answer. A contract is a tool and means for enterprises to realize expected benefits. It is a bargaining process. It is a "dynamic brake" that the parties are prepared to implement based on "human limited rationality" and based on the objective fact that "the present is always different from the future". "strategy. The process of "acting to brake" strategy. From this perspective, a contract is a game process played by the parties in order to maintain or realize their own interests. The contract game is no longer just a legal issue, but also a problem of mathematics, economics and even psychology. Because from judging the flash of trading opportunities to finding transaction partners, contract negotiation, signing, performance and dispute resolution all involve psychological games between the parties, and psychological changes will not only affect the transaction, but also the performance and performance of the contract. The resolution of disputes has a qualitative impact. For this reason, the author reminds us in two chapters: "Subjective Scope of Concern in Contract Review (Part 1) - Contract Mentality" and "Subjective Scope of Concern in Contract Review (Part 2) - Contract Purpose". In the actual transaction process, we should pay attention to the psychological changes and interest demands of the parties.
Contract mentality is the psychological state and perspective of the parties. At different stages of the contract, the contract mentality will change with the changes in the subjective and objective environment. In order to illustrate this point and attract everyone's attention, lawyer Li Jie classified the contracting mentality in practice based on real cases. It gave specific descriptions, such as the common mentality of "a good girl doesn't have to worry about getting married", the mentality of "slave" to "general", the mentality of "slave" to "general", etc., which made the "general" mentality serious. Legal work becomes lively and interesting, and the impact of each contracting mentality on contracting behavior is described in detail, which makes abstract psychological factors more visual and easier to understand, and also provides a model for actual legal work.
The purpose of a contract is the state or benefits expected to be obtained by the parties when signing the contract. It is closely related to the interests of the parties. Different contracting mentality will have different contract purposes, which is highly subjective. However, in judicial practice, stereotyped methods are often used for judgment, which are usually limited to economic purposes and have a strong objective flavor. What's more, some legal workers don't pay attention to economic purposes at all when carrying out their work, thinking that as long as they don't violate the law, it will be fine. In this case, what is the value of corporate legal workers? In order to emphasize the importance of the purpose of the contract, lawyer Li Jie spent a long time in the book to explain the purpose of the contract from various aspects. Because only by clarifying the purpose of the contract can we determine the method and content of the contract. Otherwise, the contract will be an empty piece of paper and worthless. Of course, the most respectable point is that when defining the purpose of the contract, the book no longer only focuses on economic interests, but also considers the arrangement of the interests of the parties, including economic interests and personal interests. At the same time, the subjects of concern are no longer just enterprises, but also include enterprise operators and decision-makers, because the interests of enterprises are also closely related to their interests. This point is fully explained in the book. Enterprises are at different stages of development and their mentality is often different. The acquisition of reputation or personal interests sometimes exceeds the acquisition of economic interests. Many unclear contracts in real life confirm this point. Some companies will sign a contract that seems to have no economic benefits for themselves. This may seem incredible, but if personal interests are taken into account, it is not difficult. Got it.
This thinking on the importance of signing mentality and purpose is the result of the author's many years of experience and runs through every corner of the book. Throughout the book, the most prominent point is that it combines the theory and practice of contract production and review in my country's contract law, and at the same time focuses on the real process of contract transactions, covering some details that are easily overlooked in actual work. and important factors (psychological factors) revealed beyond doubt.
After reading this book, we have to re-examine the positioning of corporate legal workers. We are not only legal workers, but also defenders of the overall interests of the enterprise. The value of corporate legal workers also lies precisely in helping companies realize their overall interests within the established legal framework. To achieve this, it is not enough to just understand legal knowledge. It is also necessary to understand all aspects of the economic activities of the enterprise. It is necessary to pay attention to the demands of the parties and have a deep understanding of their psychological needs, so as to achieve the effect of meeting the needs of the parties. More importantly, as corporate legal workers, we should know that the law is only a tool to help the parties realize their interests. We cannot pay too much attention to the tool and ignore the purpose of using this tool.
As supply chain finance legal practitioners, we no longer face two parties. Since there are many parties involved, we face more parties and there are many factors that need to be considered. More importantly, it is necessary to coordinate the interests of all parties, so it is more necessary to emphasize the psychological activities of the parties and the purpose of the parties. Although this book only introduces the methods of making and reviewing contracts, it is a rare book that can understand law and contracts from the perspectives of economics and psychology, which also provides new ideas and new entry points for the development of legal work. Obtained legal works.
Notes: Li Dada took notes
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