Proactive Agreement Meaning

The value of some contracts varies considerably from company to company. A contract may not be as important to one person as it is to the next. Regardless of this, the performance of contractual obligations and the use of duties ultimately result in an increase in revenues and a reduction in expenses for the entire company. Proactive contract management helps companies take advantage of these benefits. But we also use economic methods. In the corporate world, legal and business issues are intertwined: it is indeed difficult to identify a boundary between legal practice and client affairs (Haapio, Helena, Introduction, p. 26). Therefore, a skill that will be very useful for a proactive lawyer is an economic planning skill. Proactive business lawyers often work as transaction lawyers, also known as deal lawyers. Not only do they analyze legal issues or expect them to be asked only “legal issues,” but they also work strategically with the client. A proactive deal lawyer must understand what the client wants to achieve and the risk he wants to take, and then help structure business and prepare contracts to reflect client objectives, minimize risk and function effectively as both business tools and proactive law tools (Haapio, Helena, Introduction, p. 31). 5.3 The word proactively involves acting in anticipation, taking control and adopting self-initiation (16).

These elements are all part of the proactive law approach, which distinguishes two other aspects of proactivity: one is the promotional dimension (promoting desire; Promote good behaviour) and the other the preventive dimension (preventing what is not desirable to prevent legal risks before arrival). While the preventive approach is a legal reflection on future legal risks. The proactive approach was created to emphasize the parallel of legal proactive thinking with medical thinking. (Duration, Edward, 2007, 4 Principles, p.13). 6.12.5 In addition, the elimination of redundant, inconsistent, outdated and unenforceable laws and the harmonization of understanding concepts, definitions, descriptions, restrictions and interpretations in common frames of reference. It is also very important to put an end to the creation of new terms or “eurospeak” of dubious importance, which are often used without the majority really knowing what they mean. Brand, F. S. and K.

Jax. 2007. Focusing on the meaning (s) of resilience: resilience as a descriptive concept and a boundary object. Ecology and society 12 (1): 23. [pdf] available at: www.ecologyandsociety.org/vol12/iss1/art23/ [accessed 21.10.14]. The word “proactive” is the opposite of responsiveness, which means that the legal approach is based on an ex ante view and not on an ex-post view. According to Merriam-Webster`s dictionary, the word proactively refers to action pending future problems, needs or changes. [2] Thus, the proactive approach to law sets in motion the traditional approach of the law to return and error, preventing litigation, taking control of potential problems, providing solutions and self-initiating, rather than responding to failures and inadequacies.

[3] One aspect of proactive contracting is the design of alternative dispute resolution mechanisms (ADRs) to avoid escalating litigation. [22] An adR strategy limits the time and money management spends on litigation. As a result, costly litigation disruptions and opportunity costs are limited. [23] In addition to preventing an escalation of litigation, proactive contracts allow contracting parties to anticipate the next stage of the resolution process, as the procedure has been the subject of a contractual agreement. [24] It appears that proactive law methods, taking into account different neighbouring sciences, provide a better understanding of the disruptions that may call into question contractual obligations.

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