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ON COMMERCIAL RELATIONS

Most of you have heard about how important it is for a company to have “market share”, but what does this mean for organizational policy making? The answer to this question is perhaps to be found in the very definition of a company: “an organized economic activity aimed at achieving specific objectives”.
To materialize this conceptualization, it is required the systematic construction of a strong base of relationships between the businessman and the groups that are of interest to a company, i.e., customers, suppliers and allies, this is done through the contractual modalities contemplated by the Colombian commercial legislation.
In this sense, it is important, first, to take into account that, in relation to customers, it is relevant to have a framework of policies towards them adjusted to Law 1480 of 2011, if they are final consumers, and in which the opening of a permanent channel of communication with them is conceived, allowing the review and improvement of contracts for the acquisition or lease of goods and services to be concluded.
As regards suppliers, there is a range of contractual options that can be used to establish solid relationships, the most usual being the supply, when it is necessary to receive a constant flow of raw materials or services for a long period of time in exchange for money; the purchase and sale, if the service is unique and a specific thing is wanted; the lease of services, which differs from the supply because of its commercial characteristics; the contract of carriage, which will also have a single performance and will be used when what is needed is to take goods to a specific place, but depending on the needs to be met, other instruments could be used, such as the mutual, the swap, the engineering contract, etc.
It is equally important for a company to take care of its relations with other groups: allies, who can be essential to open marketing channels, with whom collaboration contracts can be entered into (participation accounts and Joint Venture) through which a company undertakes to collaborate with another in search of obtaining profits; the consignment contract, through which a company undertakes the obligation to sell goods from another; distribution, which is atypical and serves for a third party to place a product massively in the market.
All this is said to, in a way, evidence the existence of a plethora of possibilities that the businessman must know how to manage according to his needs and that require for their implementation, an accurate and judicious legal advice in which the details of the chosen contractual instrument are compared with the realities of the company, only through this proper balance of means it will be possible to proceed with the achievement of objectives that guide the corporate activity.
By: Carolina Herrera Rubio.

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