Characteristics of contract file management system
In addition to the common characteristics of general files, contract files also have the following three unique characteristics.
Outstanding evidence-based evidence
The most prominent and important feature of contract files is the evidence-based nature, which means that contracts concluded in accordance with the law are legally binding on the parties. The establishment, effectiveness, performance, modification of the contract, as well as the transfer, termination, breach of contract, liability, etc. of rights and obligations, etc., must be completely and exclusively based on the contract files, otherwise, you will bear the legal consequences arising therefrom. Because of this function, under the market economy system, contract files are one of the most direct and effective means to protect the legitimate rights and interests of the parties. This feature needs to attract the attention of the majority of operators, management departments and archivists.
形式与内容的规范性程序较高
For a contract to be legally binding on the parties, it must have the permissibility stipulated by the law. That is, the law stipulates a specific form for whether the contract itself has legal effect. If it does not have the specific form required by the law, the contract will not have legal effect and will be regarded as an invalid contract.
In litigation, to prove the legal validity of a contract, it should be proved in the specific form required by law. The problem of "loss of evidence" that often occurs in contract file management is due to a lack of understanding of the normative requirements for contract form and content, resulting in the loss of several components of the contract file during the collection and storage process, resulting in the partial or even complete loss of the legal effect of the contract file, resulting in damage to the legitimate rights and interests of the parties.
Strong timeliness
Statute of limitations is a legal term that refers to the legal effect of time. Time itself is a legal fact that can cause certain legal consequences. Many relevant laws such as the "Contract Law" and "Civil Law" have provisions on the validity of the contract and the existence and elimination of various rights and obligations of the parties at different stages of the contract's offer, commitment, performance and dispute resolution. It can be said that the timeliness feature runs through the entire contract.
Contract file management system method
1. Contract document management can be classified and numbered based on age and project nature.
2. The saved contract documents should be cleaned and checked every six months. If there is any loss or damage, the cause should be identified, dealt with in a timely manner, and the relevant personnel should be held accountable.
3. The contract management team should strengthen the statistical work on contract files and prepare a statistical list of contracts based on original records.
4. The contract management team should prepare a contract file retrieval tool based on actual needs to effectively carry out query and utilization of contract documents.
5. Employees of all branches and departments can check contract documents in the contract file management team. If they need to be borrowed for review due to work needs, they must go through the branch or department.
After the leader in charge signs and agrees, the relevant borrowing procedures can be handled in the contract management group and the photocopy can be loaned out. The original contract shall not be loaned out unless there are special circumstances.
6. Storage conditions for contract documents: fire-proof and moisture-proof.
7. Contract documents must be managed by a dedicated person.
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