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几年来,深圳经济特区涉外经济合同大多数条款完备,内容可行,履约率高。但仍有部分合同存在一些问题,有的行文不够准确、规范,表述含糊,易生歧义;有的条款自相矛盾或疏漏了必备条款;有的显失公平,隐患四伏;有的甚至与国家主权原则、法律精神相悖等。从整体上分析,病源乃在签订合同过程中,当事人忽视了涉外经济合同的三要素,以至影响了合同的有效性和稳定性,无端引出麻烦,造成损失。笔者就此略陈涓滴之见,以期引起重视。
Over the past few years, most of the provisions of the foreign economic contracts in Shenzhen Special Economic Zone have been completed and the contents are feasible and the compliance rate is high. However, there are still some problems in some contracts. Some of them are not accurate enough, normative, vague and easily ambiguous. Some clauses contradict or omit essential clauses. Some of them are obviously unfair and hidden dangers. Some even The principle of national sovereignty, the spirit of the law contrary. From the overall analysis, the source of the disease is that during the process of signing the contract, the parties neglected the three elements of a foreign-related economic contract and even affected the validity and stability of the contract, leading to unnecessary trouble and loss. The author slightly tricked this view, in order to attract attention.