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[...] RELATIVE EFFECT Only the signing parties are committed Third parties cannot demand execution or be compelled to do so 2. Content Requirements CONFORMITY TO PUBLIC ORDER public order of direction : rules for the general interest public order of protection : protection of vulnerable persons CHARACTERISTICS OF SERVICES present or future (harvests, goods on hand) possible (no sale of organs) determined or determinable (precise or calculable characteristics) 3. Special Clauses These clauses allow to anticipate difficulties and adjust the contract : penalty clause : fixes in advance the amount of damages - interest in case of non-execution resolutive clause : determines the cases allowing to end the contract renegotiation clause : allows to adapt the contract in case of unforeseen event (inflation, price variation) limitation of liability clause : limits the indemnity in case of non-performance (prohibited in transport and hotel contracts) reservation of ownership clause : delays the transfer of ownership until full payment of the price CONCLUSION The content of the contracts is governed by law to ensure contractual balance and secure the relationships between the company and its partners, respecting contractual freedom and public order. [...]
[...] Sequence the integration of the company into its environment 1. The entrepreneurial and managerial logics ENTREPRENEURIAL LOGIC foundation : risk-taking, opportunity seeking, innovation and creativity profile : the entrepreneur is owner and manager, he anticipates, innovates and takes risks vision : long term, development and sustainability of the company main theories : Schumpeter : the entrepreneur is an innovator who creates the 'creative destruction' Kirzner : « we are all entrepreneurs" - the entrepreneur identifies opportunities" Gartner : entrepreneurship is an organizational process, not just individual LOGICAL MANAGEMENT foundation : optimal resource management, search for efficiency and efficiency profile : the manager is salaried, prudent, rational vision : short and medium term, immediate performance roles according to Mintzberg: 10 roles divided into 3 levels interpersonal : symbol, leader, liaison agent informational : observer, disseminator, spokesperson decisional : entrepreneur, regulator, negotiator, distributor INTRAPRENEURIAT Combination of the two logics: adoption of entrepreneurial practices within established companies to promote creativity and innovation 2. [...]
[...] Economic, Legal and Managerial Culture - The Integration of the Enterprise in its Environment Sequence Economic Agents Economic agents are the actors who participate in economic activity by taking decisions on production, consumption, or the distribution of resources. ECONOMIC AGENTS AND THE ECONOMIC CIRCUIT : KEY CONCEPTS : MERCHANT PRODUCTION : sold at a profit on a market NON-MERCHANT PRODUCTION : free or at reduced cost ADDED VALUE : CA - intermediate consumption MARKET : Fictitious meeting place offer / demand Sequence The company and the functioning of markets 1. [...]
[...] Sequence Purposes and Performance of Enterprises 1. The Purposes of the Enterprise ECONOMIC PURPOSE generate profit for : remunerate the entrepreneur and shareholders ensure development through investment maintain the company on the market ensure perpetuity : long-term vision to ensure the survival of the company according to Peter Drucker : the primary goal is customer satisfaction, profit being a necessary requirement but not the ultimate goal itself SOCIAL OBJECTIVE satisfy the expectations of personnel : fair remuneration, good working conditions, training and development of skills, responsabilisation and motivation security and professional fulfillment SOCIAL OBJECTIVE responsibility towards society in several domains : environmental : respect of ecological principles citizen : respect for human rights ethics : transparency and loyalty in business cultural : contribution to local development RSE (Corporate Social Responsibility) : voluntary integration of social and environmental concerns 2. [...]
[...] The performance of the company DEFINITION ability to achieve results in line with objectives by optimizing resources TWO ESSENTIAL CRITERIA efficiency = results achieved / objectives set ability to achieve objectives efficiency = results achieved / means implemented ability to optimize resources used THREE AREAS OF GLOBAL PERFORMANCE economic performance revenue, result, profitability market shares productivity and competitiveness social performance well-being of employees motivation and implication reduction of absenteeism working conditions social performance environmental impact image and reputation contribution to sustainable development MEASUREMENT TOOLS performance indicators : economic : CA, result, profitability, productivity socials : absenteeism rate, training, satisfaction environmental : energy consumption, emissions, waste Balanced Scorecard (Kaplan & Norton) 4 balanced axes : financial axis (profitability, result) customer axis (satisfaction, loyalty) internal process axis (quality, innovation) organizational learning axis (skills, training) MANAGEMENT CONTROL verify the effective and efficient use of resources compare results and objectives identify discrepancies implement corrective actions KEY POINTS TO REMEMBER : The objectives are multiple and must converge towards the company's mission Profit is a requirement, not an end in itself Global performance integrates 3 dimensions: economic, social and societal Efficacy ? [...]
