Contract specialist. Advanced training - course RUB 36,900. from Moscow Business School, training 16 ac. hours, Date: December 27, 2023.

Seminar hours are daily from 10:00 to 17:30

Day 1

Algorithm for building effective contractual work in a company

• Basic principles for building effective document flow in a company
• Regulation of contract work. Development of regulations and their implementation
• Implementation of the process of automation of contract work in the company

Conclusion of a contract and pre-contractual assessment of the counterparty

• The concept of a contract. Relationship with related concepts
• Essential and important terms of the contract. The relationship between law and contract. Dispositive, imperative norms as a method of legal regulation
• Form of agreement and methods of concluding agreements: concluding an agreement in the form of a single document, through the exchange of documents. Conclusive actions as a way of forming contractual relations. Agreements of accession. Typification and unification of contracts. Development and approval of forms
• Parties to the contract. Special and exclusive legal capacity. Due diligence when concluding contracts
• Current issues of pre-contractual work. Legal assessment of the counterparty. Collection of information about the status of the counterparty at the pre-trial stage, methods for analyzing the reliability of the counterparty based on information posted in open sources, accounting reports and other sources. Procedure and methods for verifying the reliability of a counterparty
• Organizational and contractual methods of reducing the risk of disputes arising from a contract at the stage of its conclusion
• Preliminary agreements. Pre-contractual disputes

Workshop “Assessing the solvency of the counterparty”

Contracts with vices: status, legal consequences and ways to “cure” vices

• Analysis of typical mistakes made when drawing up contracts. Controversial aspects of contractual relations
• Contracts with a defect in form
• Unconcluded contracts
• Invalid contract
• Agreement concluded by an unauthorized person
• Void term of the contract
• Unfair contract term
• Inconsistent contract term
• Non-obvious terms of the contract

Execution of the contract

Workshop “Input testing on the topic”

• General principles for fulfilling obligations. The principle of good faith of participants in relations in judicial practice
• Date and place of fulfillment of obligations
• Ensuring the fulfillment of contractual obligations: pledge, independent guarantee, deposit, retention, penalty and others
• Fulfillment of obligations to the proper person: features of formalizing the powers of a representative when concluding an agreement between residents and non-residents
• Features of fulfillment of obligations from certain types of contracts
• Monitoring the fulfillment of contract terms

Workshop “Identification of risks from a mixed contract”

Change and termination of the contract

• Grounds for changing and terminating the contract
• The relationship between the concepts of “termination of the contract”, “unilateral refusal of the contract”, “refusal to perform the contract” and “refusal to use the rights under the contract”
• Special cases of termination of the contract. Special cases of changing the contract (replacement of parties)

Day 2

Liability for breach of contractual obligation. Protection of the rights of participants in contractual relations

General provisions on civil liability

• The concept of civil liability, types of civil liability, forms of contractual liability
• Grounds for liability under the contract. The creditor's fault
• Compensation for losses, features of proof in cases of recovery of lost profits
• Interest on a monetary obligation
• Unilateral refusal of the contract as a measure of liability for violation of obligations. Peculiarities of cancellation of a contract due to loss of interest of the creditor
• Penalty: the concept of a penalty, the question of the admissibility of a “commodity penalty”. Penalty as a measure of liability, limitation period for claims for payment of a penalty
• Types of penalties: fines and penalties, legal and contractual. Procedure for paying and withholding penalties
• Issues of reducing penalties by the court (Art. 333 Civil Code of the Russian Federation): criteria, arbitration practice

Workshop “Resolution of disputes when applying liability measures for violation of contractual obligations”

Right to defense

• Methods of protection, practical aspects of choosing a method of protecting rights
• Features of the judicial method of protecting a violated right
• Formation of an evidence base in preparation for judicial defense of rights
• Reconciliation reports: recommendations for preparation and effective use

Workshop “Features of the choice between debt collection through enforcement proceedings and the debtor’s bankruptcy procedure”