What is Contract Analysis ?
Contract analysis in the legal domain is the process of reviewing, examining, and evaluating the terms outlined in a written agreement. Its primary purpose is to ensure that each clause in the contract complies with applicable laws, protects the interests of the involved parties, and minimizes legal risks.
Key elements analyzed in a contract include:
Validity of the Agreement (Article 1320 of the Civil Code):
- Agreement between the parties.
- Legal capacity of the parties.
- A specific object as the subject of the agreement.
- A lawful cause.
Balance of Rights and Obligations: The contract must fairly and equitably assign rights and obligations to each party, avoiding placing one party in a disadvantageous position.
Dispute Resolution: Clauses that govern how disputes will be resolved, whether through court or arbitration, are essential to analyze as they impact the legal process that must be followed in the event of a disagreement.
Force Majeure Provisions: This clause is important to anticipate unforeseen circumstances beyond the control of the parties, which may prevent one from fulfilling their obligations.
WE EMBRACE COMPLEXITY
Transactional Support
Transactional Support in Contract Analysis is a service that ensures contracts comply with the law, reduce risks, and protect client interests in business transactions.ㅤㅤㅤㅤㅤ
Regulatory Response
Regulatory Response is the process of ensuring business compliance with laws and regulations, mitigating risks, and avoiding penalties by adapting to legal changes.
CMS Implementation
CMS Implementation is the setup of a Content Management System to efficiently manage and publish digital content, including configuration and user training.ㅤㅤㅤ
Obligation Management
Obligation Management involves tracking, managing, and ensuring compliance with contractual obligations and commitments to mitigate risks and enhance accountability.
Internal Risk Review
Internal Risk Review is the process of assessing and identifying potential risks within an organization to enhance risk management strategies and ensure compliance with regulations.
Distressed Assets
Distressed Assets are underperforming properties or investments facing financial difficulties, needing management intervention to recover value.ㅤㅤㅤㅤㅤㅤㅤ
Short Explanation
Effective Contract Analysis helps you maintain a professional image.
In Indonesia, contract analysis typically refers to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, as well as the Indonesian Civil Code (KUHPer), specifically Book III, which governs obligations (including contracts).
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