Considerations on contractual practice

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Alex L. Chiang Cárdenas

Abstract

Contracting, as the highest expression of the will of the parties, surrounds the commercial life of natural and legal persons. However, the activity of legal counselling in this matter varies in accordance to each law operator. This article reflects the author´s experiences and points of view in the last years in the matter of national contracting; as well as those considerations derived from an entirely practical point of view. It is not about homogenize contracts nor processes. Nor it is intended here to teach how to draft or to negotiate a contract, but simply to bear in mind some basic issues that could be taken into account, from the idea and the drafting to the decision of signing or not.

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References

Fuentes doctrinales

COLECTIVO DE AUTORES, Derecho de Contratos, tomo I, La Habana, Editorial Félix Varela, 2006.

Fuentes legales

Decreto-Ley No. 87 “Sobre Arbitraje y Mediación Comercial Internacional”.

Decreto-Ley No. 304 “De la Contratación Económica”.