合同订立前防范风险的尽职调查研究
发布时间：2018-08-25 13:46
【摘要】：尽职调查迄今为止在我国的法律规范体系中并无权威的定义。合同订立前防范风险的尽职调查研究,主要是受企业主的委托对法律风险管理项目范围内的企业实际情况进行调查,从而为签订合同提供基础。在尽职调查及其后的合同订立前防范风险识别的过程中,会面临许多的原因与现象交错在一起。要得出准确的合同订立前风险结论,则必须通过尽职调查对客观存在的原因与现象做出准确判断,这就要求我们要做充分的准备以及公正的态度来做这个尽职调查工作。全文共分三部分。首先从合同订立前防范风险的基础理论入手,分别阐明清楚尽职调查的概念、法律意义、特征、原则;其次探讨了尽职调查的信息来源、对原始材料的判读与有关的法律规定;最后论述了合同订立前法律风险的识别与防范。
[Abstract]:Up to now, due diligence has no authoritative definition in the legal norm system of our country. The study of due diligence to guard against risks before the conclusion of a contract is mainly entrusted by the owner of the enterprise to investigate the actual situation of the enterprise within the scope of the legal risk management project so as to provide the basis for signing the contract. In the process of preventing risk identification before due diligence and subsequent contract conclusion, there are many reasons and phenomena intertwined. In order to get an accurate conclusion of risk before the conclusion of contract, we must make an accurate judgment on the reason and phenomenon of objective existence through due diligence, which requires us to make sufficient preparation and fair attitude to do this due diligence work. The full text is divided into three parts. Starting with the basic theory of preventing risks before the conclusion of the contract, this paper clarifies the concept, legal significance, characteristics and principles of due diligence, and then probes into the sources of due diligence information, the interpretation of the original materials and the relevant legal provisions. Finally, it discusses the identification and prevention of the legal risk before the conclusion of the contract.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6
本文编号：2203058
[Abstract]:Up to now, due diligence has no authoritative definition in the legal norm system of our country. The study of due diligence to guard against risks before the conclusion of a contract is mainly entrusted by the owner of the enterprise to investigate the actual situation of the enterprise within the scope of the legal risk management project so as to provide the basis for signing the contract. In the process of preventing risk identification before due diligence and subsequent contract conclusion, there are many reasons and phenomena intertwined. In order to get an accurate conclusion of risk before the conclusion of contract, we must make an accurate judgment on the reason and phenomenon of objective existence through due diligence, which requires us to make sufficient preparation and fair attitude to do this due diligence work. The full text is divided into three parts. Starting with the basic theory of preventing risks before the conclusion of the contract, this paper clarifies the concept, legal significance, characteristics and principles of due diligence, and then probes into the sources of due diligence information, the interpretation of the original materials and the relevant legal provisions. Finally, it discusses the identification and prevention of the legal risk before the conclusion of the contract.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6
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，本文编号：2203058
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