The Dilemma of Economic Contracting (2) / Cuban Law Association, Rodrigo Chavez #Cuba

Lic. Rodrigo Chávez

The underutilization of the attorney and the little or poor participation accorded to him in the contracting process, ultimately leads to problems with regards to the intentions or expected outcomes of the established relations.

In any state agency, it is not difficult to see that the activity of the lawyer, or the legal counsel, the attorney, or whatever you call him, is limited or tied to the development of disciplinary action, claims that could have been avoided, had he worked on the economics of the case, or even in some instances as secretary to the Board of Directors. In the latter role, discrepancies exist because some people advocate for him and others do not, but in the end, whenever one is in a subordinate role, the decision of the boss prevails without exception. A rational use of human capital makes sense, but in the same vein is the irrational use of the attorney.

There are lines which lead to imperfections in contracts, their normal development, and given that in the end a contract is a voluntary agreement, these must be true, solid, achievable objectively true and not fictitious, things that in our day constitute justification, failures to meet production or distribution or provide services, the inadequate or improper use of the contract; it would not be improper to speak in these terms same terms with regards to planning.

The labyrinth through which contracting passes, affects the stipulations for agricultural production, as well as those for supplies, and even the execution of the work; in these three alone the incidence rate is so negative, it deserves special attention devoted to it, given that even if the performance of a farmer’s harvest exceeds expectations that, too, does not meet the objective of achieving the terms because it was not reflected in the contract.

How is it possible that markets are largely unserved, making it possible to supplement the initial contract, but here’s another great dilemma: if it is nefarious to fail to meet the plan, it is more nefarious to over fulfill it. They would have to walk hand in hand as binomial-procurement planning. With proper planning, could well provide an adequate contract, and with a good solution, it would lead to a good distribution and a high probability of satisfying the consumer, right?

October 2 2012