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Proactive Contracting is akin to Proactive Law and focuses on the same properties, namely to prevent problems and promote relationships. The legal area of research developed in Scandinavia in the 1990s and has gradually gained attention. Proactive Contracting deals with Contract Management, Relational Management, Risk Management and Business Process Management. The word proactive is the opposition to reactive and refers to acting in anticipation of future problems, needs, or changes.〔(Proactive - Definition from Merriam-Webster Dictionary )〕 A survey conducted by IACCM shows that businesses urge a paradigm shift in contracting, favoring a more relational approach.〔(Contracting Excellence )〕 Thus, the focus of future contracting becomes more relational. Businesses may therefore face increased complexity as trading is done not only across physical boundaries, but also across religious, cultural, and ethical boundaries. The IACCM survey has underpinned the need for re-thinking contracts and the approach to business relationships, as international, and long relationships, make it hard to draft and agree upon every single event that might occur in the future. Proactive Contracting is moving away from the path of responding to these complex relationships with complex contracts.〔http://pta-consult.com/theory/future-contracting/〕 However, as it is hard to imagine realistic alternatives to contracts, Proactive Contracting suggest businesses to change perception of contracts to meet the needs of the future. Add to this the increased complexity of products due to technological evolution and it becomes clear that businesses need to actively deal with the danger of increasing complexity and uncertainty. In fact, a survey conducted by IBM Corporation revealed that 79% of Chief Executive Officers (CEOs) see increased global complexity as a major challenge over the coming years.〔http://public.dhe.ibm.com/common/ssi/ecm/en/gbe03530usen/GBE03530USEN.PDF〕 As the legal framework increases in complexity, it becomes apparent that there is a need for creating certainty in order to support future trading. Businesses need to manage this complexity in order to avoid unnecessary losses, but also in order to exploit all the possibilities deriving from global interaction. Empirical studies on contracting capabilities〔Haapio, H.: An Ounce of Prevention…- Proactive Legal Care for Corporate Contracting Success. (2007) Tidskrift utgiven av Juridiska Föreningen i Finland, 1/2007, pp. 39-68.〕 and research on dynamic capabilities〔Teece, D.J., Pisano, G. & Shuen, A.: Dynamic Capabilities and Strategic Management. (1997) Strategic Management Journal, vol. 18, no. 7, pp. 509-533〕 have shown that promoting proactive behavior in businesses is a key in the quest of future success. As globalization increases, sustainability and certainty become more urgent, resulting in decentralization of the traditional legal environment. The reason for this decentralization is that the traditional legal environment does not fulfill the task of creating the certainty and sustainability that businesses need in order to prosper. After the launch of the United Nations Decade of Education for Sustainable Development,〔(Education for Sustainable Development | Education | United Nations Educational, Scientific and Cultural Organization )〕 mechanisms have evolved through which future development is achieved. According to these mechanisms, a sound development must be focusing on ethically acceptable, morally fair and economically sound processes. Management tools for global value chains have already been developed, and focus is especially on self- and private regulation instruments and standards - this is where proactive contracting and proactive law is coming to the fore. == Preventive Law == The proactive law movement has become more visible in recent years, but the idea of an ex ante view is not new. It is generally known that the earlier a dispute or a potential dispute is addressed, the better the chances of a fair and prompt solution. Louis M. Brown was the first to introduce the ex ante view in his ground-laying book “Preventive Law” Although he identified and organized the preventive law into a distinctive way of thinking, he was not the inventor of this approach. It has been, and still is, well known to many legal professionals and every business manager that: "''It usually costs less to avoid getting into trouble than to pay for getting out of trouble."''〔 In order to understand the general principles of proactive law, Edward E. Dauer has identified the core principles of preventive law, as these principles create the foundation on which proactive law and proactive contracting is built. The four core principles of preventive law are:〔Dauer E. A., Four Principles for a Theory of Preventive Law, p. 13-35〕 * ''Predicting human behavior'': A legal solution, which anticipates and takes into account what people will do and by doing so, preventing litigation. This improves personal and business relationships, and constitutes an essential part of the preventive law. * ''Conflict management'': Preventive law is drawing parallels from the medical context, illustrated by the fact that successful medical treatment is prophylactic. * ''Embracement of risks'': Instead of focusing solely on reducing one or a few elements of risks to zero, the preventive law approach focuses on the overall sum of risks and strive to reduce the overall risk. * ''Preventive legal service'': Lawyers and in-house counsels must participate with others in multi-disciplinary teams in the planning of the business’ venture. By bringing in legal expertise earlier, it becomes possible to detect and prevent legal problems from occurring. The proactive law movement encompasses the basic principles of preventive law stated by Edward E. Dauer, namely preventing what is not desirable, and keeping problems and risks from materializing. Thus, preventive law constitute the foundation of proactive law. To this preventive dimension of law, proactive law adds a second aspect, which is often neglected in traditional law – known as the promotive dimension. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Proactive contracting」の詳細全文を読む スポンサード リンク
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