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Drafting accurate and effective contracts

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Drafting accurate and effective contracts is one of the most important things because of the great importance of contracts and legal agreements, and because in the case of drafting contracts in an ineffective and accurate manner, it may cause conflict and legal problems, and these disputes can cost a lot of money and a lot of time, it is important to seek the help of two lawyers who have skills High in the arts and principles of drafting contracts and adhere to the basic principles when drafting contracts, this matter will ensure that the contract does not deviate from the basic goal for which it was established and therefore in the event of a dispute and legal problems that are resolved quickly, it is possible to seek the help of persons specialized in the law through the Rahn Law Firm Because it includes a group of them.

Drafting accurate and effective contracts

The way in which contracts are drafted is a necessary and important part of any deal that takes place. The most important principles on which any contract depends are extreme accuracy and high efficiency, and without accuracy and effectiveness, the rate of error in the contract is large.

Accurate and effective drafting of contracts requires good thinking about the subject of the contract, because good thinking will help define the terms of this contract and help the drafting of the contract to be correct and comprehensive. The principles are what help produce an accurate and effective contract that can be used to resolve disputes before the judiciary, if it is resorted to in the future.

Accurate and effective contracts include a specific and accurate description of all goods and services provided, as well as terms, definitions or vocabulary that are clearly defined, as well as complete and excellent terms of regulation, and the use of clear and concise language is one of the most important things that help all parties associated with the contract understand the terms and conditions of the agreement. An example of this is an accurate and efficient construction contract, where the contract spelled out in detail the services to be provided, specifications for equipment and materials, and a clear payment structure.

Principles of drafting accurate and effective contracts

There are some principles or conditions that help in drafting contracts in an accurate and effective manner. The following are the most important of these principles:

Write the type of contract concluded at the top of the contract to help identify its type easily.
All data relating to the parties to whom the contract relates, such as their names, ID numbers, addresses, nationalities, and other data, must be written.
Explain the subject matter of the contract in detail so that there is no opportunity for interpretation or ijtihad, and it must also be mentioned that the parties to the contract are aware of the explanation that was mentioned in the contract.
There must be no clause in the contract that violates the laws, because this matter will cause the contract to be invalid and invalid.
The contracting parties must be qualified.
All papers and documents on which the contract is written, or related to this contract, must be checked.
The penalty amount that will be paid by one of the parties must be stated in the event of termination of the contract, and the amount must be of a specific and clear value.
Choosing the appropriate place and time for the contract to be registered, i.e. the contract must be registered as soon as possible and as close as possible to the two contracting parties.
A backup copy of the contract must be obtained, and in the event that two backup copies are obtained, the parties to the contract must ensure that the two copies are identical.
Both parties to the contract must sign the contract, and witnesses must also be signed in order for the contract to become valid.
The contract must be in line with all applicable laws, and it must also be ensured that it meets all legal requirements.
It is necessary to ensure that no modification or deletion of any clause in the contract clauses occurs.
In the event that there are persons benefiting from the contract other than the persons who signed the contract, these persons must be mentioned clearly to help identify them, and their rights resulting from the conclusion of this contract must also be mentioned.

The most common mistakes in drafting contracts

There are many mistakes in contracts that occur between people and that must not be done in order for the contract to be correct, accurate and effective. The following are the most common mistakes in drafting contracts:

The two parties to the contract sign the last page of the contract only in the event that there is more than one page of the contract. This provides an opportunity for manipulation and forgery of the remaining pages of the contract.
Failure to mention the identity of the parties to the contract, such as their data and address, or mentioning them incorrectly in the contract, this matter causes many problems when litigating between them, because it is possible that an impossibility occurs in judicial declarations or announcing the judgment or execution order.
The occurrence of disharmony and contradiction between two or more clauses of the contract, so that an objection occurs to the two clauses together and it is not possible to combine them despite the understanding of each clause of them when dealing with it individually.
Failure to mention the value of the contract and the methods of payment of the sums of money and the payments that will be paid, provides an opportunity for manipulation and the occurrence of judicial problems between the two parties.
Exaggerating and repeating phrases that give the same meaning in the different clauses of the contract without adding any new value in the contract.
Failure to mention the responsibilities and obligations of each of the parties to the contract causes a lack of understanding of the responsibilities and thus increases the possibility of a future legal dispute.
Not mentioning the mechanism for terminating the contract between the two parties, as well as not mentioning the amount of money that must be paid in the event of termination of the contract, also specifying whether there is an obligation that must be adhered to after the termination of the contract.
Making many spelling errors and deleting or adding to the terms of the contract causes the contract to be weak when a judicial dispute occurs. It also opens the door to an excuse in interpreting the understanding of the contract and thus the impossibility of its application.
Not writing a clause related to confidentiality and not disclosing the terms of the contract. This error occurs in contracts that require complete confidentiality.
Not attaching documents and accessories related to the contract and not considering them an indispensable essential part of the contract.
When drafting and registering a contract with the contracting agent, there is no confirmation of the capacity and personality of the agent, as well as the lack of confirmation of his competence in drafting and registering the contract.
The Hijri date is not identical to the Gregorian date according to the calendar in the contract.
Not mentioning and clarifying the date of the beginning of the implementation of the contract, its end date, and the period during which the contract will be implemented.
Not paying attention to the enforceable law, as there are some items that are in violation of the enforceable laws.

conclusion

Drafting accurate and effective contracts is very important to reduce the risks of disputes and judicial disputes and thus protect against the high cost of litigation. It also helps protect the interests of all parties. It also helps the parties to the contract to recognize their obligations and responsibilities. Accurate and effective contracts also help in setting conditions. And balanced and fair provisions for both parties to the contract.

 

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