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自从科技体制改革以来,科研单位也办了一些企业。这所属企业也在进行涉外经济活动。企业在经济活动中聘请法律顾问,这种做法已在全国实行。但是,科研单位所属企业在涉外经济活动中,聘请法律顾问的做法,现还不太被人们重视。现将我们研究所在1988年以来三年多的实践过程中的作法简述如下: 一、订立合同书前贸易洽谈过程中的作用。涉外经济合同主要指我方在与国外进行经济合作和贸易往来中,明确相互权利义务的书面协议,是双方意见表示一致的法律行为。在涉外经济合同中,我们坚持的原则是在中国订立和履行的合同应当适用中华人民共和国的法律,合同当事人也可选择与合同有实际联系的国家的法律(合同缔结地法,合同履行地法,双方协议的仲裁地法和法院地法等)。当事人没
Since the scientific and technological system reform, scientific research units have also run some enterprises. This affiliated company is also engaged in foreign economic activities. Enterprises employ legal counsel in economic activities, and this practice has been implemented nationwide. However, the practice of hiring legal advisers in enterprises engaged in foreign-related activities by research institutes is still not yet taken seriously. The practice of our institute over the past three years since 1988 is summarized as follows: First, the role of trade negotiations before the conclusion of the contract. Foreign economic contracts mainly refer to our written agreement on clarifying mutual rights and obligations in conducting economic cooperation and trade with foreign countries and are legal acts in which the opinions of both sides are agreed upon. In foreign-related economic contracts, we insist on the principle that the law of the People’s Republic of China should be applied to the contracts concluded and performed in China. The parties to the contract may also choose the law of the country where the contracts are actually linked (the law of contract conclusion, , The Arbitration Law and the Law of the Court agreed upon by both parties, etc.). The parties did not