Uneori, partea administrativă a unei afaceri poate părea complicată. În realitate însă, e fundamentală pentru succesul și creșterea unei afaceri. Pe lângă entitatea legală și aspectele care țin de fiscalitate și contabilitate, contractele și prevederile lor sunt la fel de importante. O semnare contract este foarte importantă și trebuie să ținem cont de câteva lucruri importante.
Ce trebuie să cuprindă un contract?
- Părțile contractului
Această rubrică se mai numește și subiecții contractului și se referă la persoanele care încheie contractul (persoane fizice sau juridice). În funcție de fiecare tip de contract, denumirea părților diferă. Spre exemplu, vânzător și cumpărător pentru contractul de vânzare – cumpărare, locator și locatar pentru cel de închiriere, mandant și mandatar pentru contractul de comodat și așa mai departe.
- Obiectul contractului
Se referă la pretențiile fiecărei părți ca urmare a semnării contractului. De exemplu, într-un contract de vânzare-cumpărare, obiectul este reprezentat de un bun vândut și banii ce urmează a fi încasați.
- Obiectul contractului trebuie să îndeplinească o serie de cerințe:
- să se afle în circuitul civil;
- să poată fi determinat;
- să existe la momentul semnării contractului sau să fie posibil în viitor;
- să îndeplinească toate condițiile de legalitate.
- Conținutul contractului
În conținutul contractului sunt menționate toate pretențiile părților ca urmare a încheierii acestuia. Astfel, fiecare parte are dreptul de a cere celeilalte o anumită conduită, îndeplinirea anumitor acțiuni sau abținerea de la comiterea lor. Conținutul contractului poate fi stabilit în mod liber, însă în limitele normelor de aplicare a legislației.
- Clauzele de răspundere din contract
Practic vorbind, clauzele de răspundere din contract trebuie să țină seama de interesul pe care intenționezi să-l protejezi. Dacă interesul este să îți limitezi răspunderea, trebuie să incluzi în contract clauze exprese de limitare, întrucât limitarea răspunderii nu operează, în mod general, în baza legii. De obicei, furnizorul/prestatorul este cel interesat în a-și limita răspunderea, clientul/beneficiarul fiind mai degrabă interesat să sporească răspunderea furnizorului/prestatorului.
Pentru a nu risca să ți se angajeze răspunderea într-o măsură necunoscută și neasumată, este esențial să incluzi sau să analizezi cu atenție clauzele de răspundere din contract.
- Contractul de prestări servicii, cel mai folosit contract
Contractul de prestări servicii este unul dintre cele mai des întâlnite în practică. În cele ce urmează, îți vom prezenta câteva caracteristici ale acestuia și tot ceea ce trebuie să știi în funcție de partea care te vei constitui în contractul comercial (prestator sau beneficiar).
- Contractul de prestări servicii în cazul prestatorilor
Acordă mare atenție redactării conținutului, astfel încât serviciile incluse în contract să fie detaliate și exacte, ca să eviți astfel situația în care, din cauza unor împrejurări necunoscute inițial, să fii nevoit să le execuți fără o remunerație suplimentară. Astfel, clientul are o imagine clară asupra serviciilor la care te-ai angajat în prețul convenit.
Modalitățile de încetare a contractului
Pe lângă ajungerea la termen, adică trecerea duratei pentru care a fost încheiat, un contract mai poate înceta fie prin acordul părților, fie prin reziliere în caz de neexecutare a unor obligații esențiale de către una din părți, precum și prin denunțare unilaterală, atunci când vrei să închei din motive de oportunitate contractuală, caz în care trebuie îndeplinită o procedură de notificare. De obicei, se stabilește un preaviz pentru a putea finaliza lucrările în curs, preaviz care depinde ca durată de specificul activității.
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