Description
Aggressive competition and new regulations (order of February 10, 2016) are changing commercial practices. The theory of unforeseen circumstances is now enshrined in the civil code. Article 1195 c.civ allows one of the parties to renegotiate the contract in the event of unforeseeable events occurring. Discriminatory practices are no longer condemnable, each party can freely negotiate their price. Faced with buyers who are increasingly aware of contract law, salespeople must take ownership of the new clauses: performance, intellectual property, liability... It is at this price that they preserve their profitability and protect themselves against risks. Due to its practical side, this advanced training in commercial law is specifically designed to meet the needs of non-lawyers.
Who is this training for ?
For whom ?
Sales manager. Sales Major Accounts or Key Accounts. ADV and contracts manager.
Prerequisites
None.
Training objectives
Training program
- DEEPEN THE CLAUSES
- Obligation of the seller's advice.
- Clauses allowing prices to be modified: safeguard; unpredictability; competitiveness.
- The contractual guarantee/the legal guarantee against hidden defects .
- Transfer of ownership and risks.
- Cases of force majeure.
- DEEPENING COMPETITION LAW
- Resale at a loss, refusal to sell, abuse of dominant position.
- Free negotiability of prices.
- Abusive termination of established commercial relations, agreements.
- DETECT TRAPS AND RISKS
- Contractual risk assessment grid.
- Detect the 10 risky clauses.
- SPECIFIC CONTRACTS
- Licenses, intellectual property, sub-contracting and co-contracting.
- Service on sites and offense of bargaining.
- Case: transfer of intellectual property rights.
- Deposits, guarantees on first demand.
- PREVENT LITIGATION
- Limit your civil liability.
- Prevent your criminal liability.
- Learn to negotiate to avoid major litigation.
- Amicable procedures: transaction , mediation, arbitration
