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The issues that need to be paid attention to in contract negotiation are as follows: 1. The quantity, quality and price of the subject matter of the contract; 2. Rights and obligations of both parties; the amount and method of charges; 3. The amount and manner of delivery of goods or services; 4. Liability for breach of contract and conditions for termination; Dispute resolution clauses, contract periods, etc.
[Legal basis].
Article 143 of the Civil Code provides that a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 144:Civil juristic acts carried out by persons without capacity for civil conduct are invalid.
Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely beneficial or that are appropriate to their age, intelligence, or mental health status are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.
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In the negotiation process, it is necessary to master negotiation skills and proportion; In the negotiation team, the members should have a clear division of labor, and in the negotiation process, they should pay attention to the arrangement of seats, and should pay more attention to the coordination of roles, and at the same time, they should also pay attention to mastering the negotiation skills, the negotiation process and the overall rhythm of the negotiation.
In the whole negotiation process, multiple rounds of technical negotiations and business negotiations can be carried out, and the specific number of negotiations can be determined by the negotiation team according to the specific situation, and technical negotiations and business negotiations can also be combined into one stage to carry out simultaneously. However, no matter which way, it should be ensured that each person involved in the negotiation can get the same number of negotiation opportunities, and pay attention to the validity of the qualifications of the negotiator's negotiator, that is, the representative of the negotiating party participating in the negotiation must be its legal representative or the legal person's authorized principal, if the legal person authorizes the principal to participate in the negotiation, the legal person authorization letter must be issued to the negotiation team. It is necessary to pay attention to the accuracy of the application of laws and regulations, and the entire negotiation process must be conducted in strict accordance with the provisions of laws and regulations.
1. What is the difference between open bidding and competitive negotiation?
Competitive negotiation is mainly for the purchaser to negotiate with a number of bidders to finally determine a dealer, while public bidding is to issue a tender announcement to allow participants in the bidding activities, and through the expert review team to determine the final bidder. In addition to the difference in the way of determining the first negotiation between public bidding and competitive negotiation, there are also such as the date of sale of the document, the time of clarification and modification, and the evaluation method.
2. Consultation and negotiation depend on the opportunity, and litigation strives for the initiative.
1. In practice, most of the compensation for demolition is negotiated. Therefore, for house demolitions, a high level of negotiation skills is the key to obtaining high compensation. But you have to find the right time to negotiate.
2. In the actual demolition, the people who are being demolished will also negotiate with the demolition party, but the result of the negotiation will often lead to further forced eviction and forced demolition by the demolition party, or the compensation price will be lower and lower. Later, because the desired negotiation result could not be achieved, the demolished people began to adopt the tactics of delaying, and over time, they became nail households.
3. The crux of this result is that the demolished party has always been on the weak side and has no right to speak in the negotiations, and the demolition party still has the final say, so the demolished people cannot get the desired results after negotiations. In such a situation, the people to be demolished must take the initiative and be on an equal footing in order to have the desired outcome of negotiation and negotiation. If you want to seize the initiative, one is to collect evidence of the demolition party's administrative violations, and the other is to resort to legal proceedings.
Only by combining the two can the demolished people have bargaining chips.
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