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近几年,由于国际、国内的经济形势逐渐恶化,因市场疲软、资金链的断裂等多方的原因,合同违约的现象层出不穷。在当前形势下,如何防范合同相对方违约的法律风险,是企业合同管理中的难点,也是合同法律风险防范的重点。笔者所在单位的一个关键设备采购合同由于对市场风险的认知不足,在编制合同违约责任条款时没有经过缜密的分析、研究,仅仅是套用原有的固定格式,结果在合同履行过程中,对方不按合同约定的条件交货,产生合同履行纠纷,给
In recent years, due to the gradual deterioration of the international and domestic economic situations, contract defaults have emerged in an endless stream due to various reasons such as a weak market and a broken capital chain. Under the current situation, how to prevent the legal risk of the counterparty breaching the contract is a difficult point in the contract management of enterprises and also the key point to guard against the legal risk of the contract. Because of the lack of cognition of market risk, a key equipment procurement contract of the author unit did not undergo rigorous analysis and research when complying with the contractual liability for breach of contract. Only the original fixed format was applied. As a result, during the performance of the contract, the other party Not in accordance with the terms of the contract delivery, resulting in contractual disputes, to