Contractual Management

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Contractual Management (CM short; German Contractual Management ) enables the control of organizations and business (transactions and cooperation) through the use of contracts . The inductive, management-oriented CM approach is based on the perspective of the decision maker and records all contract-relevant processes and parameters that the latter must take into account in order to realize the goals of an organization or institution.

Theoretical foundations

The CM approach and its instrumentalization, the CM model, were developed by Ralph Schuhmann and Bert Eichhorn . Approach and model combine the theoretical findings of New Institutional Economics , in particular the Asymmetric Information , Principle-Agent and Relational Management theories, with the applied, management-oriented approaches of Proactive Law Theory and the Contractual Risk Management concept from Keskitalo, both of which highlight the importance of risk management for Emphasize the design and use of contracts. Unlike contract management, the CM approach does not aim to manage the contract, but to manage an organization or a business relationship through the contract.

The CM model

As a holistic system, the CM model records all factors relevant to the use of the contract as a control instrument. It is based on the assumption that the tasks of contractual management - planning, drafting, implementing, monitoring and evaluating the contract - are to be carried out under conditions that are determined by management processes and decision-making parameters. In this case, filters risk management and knowledge management is the central process fields that a goal-oriented use of the contract under the management and the relationship management enable. The company, business relationship and the social system of norms and values ​​provide the manager with the relevant decision-making parameters and thus ensure contractual control in accordance with the organizational and social objectives.

Areas of application

The CM approach and the CM model were originally developed to control transactions and collaborations in the private sector and were first used there. Application studies have shown that the CM approach and model can also be used by public organizations if they are adapted to their specific working conditions. In addition, they can capture the management of quasi-markets through contracts and can therefore also be used at the institutional macro level. The CM approach and the CM model can even be useful for constellations in political management .

Individual evidence

  1. ^ Ralph Schuhmann, Bert Eichhorn: From Contract Management to Contractual Management . In: European Review of Contract Law . tape 11 , no. 1 , 2015, ISSN  1614-9939 , p. 1–21 , doi : 10.1515 / ercl-2015-0001 ( degruyter.com [accessed August 8, 2019]).
  2. ^ Petri Keskitalo: Contracts Risks Management . In: Nordic Journal of Commercial Law . tape 2006 , no. 2 , 2006, p. 1-32 ( heinonline.org [accessed August 8, 2019]).
  3. ^ Ralph Schuhmann, Bert Eichhorn: Reconsidering contact risk and contractual risk management . In: International Journal of Law and Management . tape 59 , no. 4 , July 10, 2017, ISSN  1754-243X , p. 504-521 , doi : 10.1108 / IJLMA-02-2016-0023 ( emerald.com [accessed August 8, 2019]).
  4. ^ Bert Eichhorn, Ralph Schuhmann: Integration of economy and law: contract knowledge management . In: Federal Association of German Administrative and Business Academies eV and the VWA Alumni - Graduate Association of Administrative and Business Academies - Federal Association eV (Ed.): AKADEMIE . tape 2-2012 . Federal Association of German Administrative and Business Academies V., S. 41–44 ( vwa-akademie-online.de ).
  5. ↑ Ralph Schuhmann, Bert Eichhorn (Ed.): Contractual Management: Managing Through Contracts . Springer Vieweg, Wiesbaden 2019, ISBN 978-3-662-58481-1 ( springer.com [accessed August 8, 2019]).