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On Naming the Precontract and It’s Regulation

Author: ZuoBing
Tutor: HaiTang
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: precontract contract naming
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 181
Quote: 1
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Abstract


We often find that the process of a contract cannot be finished in a short time.Inter parties usually hold a discussion for a long time to make an agreement. And thisis just the Precontract. Precontract is a promise to make a forward contract, whosepurpose is to make sure the forward contract be concluded, through a precontractmade by the interested parties to bound the concerned person, as the condition ofconcluding forward contract be not ripe. Still the concept of precontract is notadopted in our country. There are many precontracts in our daily life, while there areno provisions of law to regular them. In this way there will be lots of disputes aboutthis. The article wants to analyze the theory about precontract with the purpose ofconcluding its regulation. And the final aim is to putting precontract into the CivilCode as a kind of naming contract.The article educes the concept of precontract through a case. The first part of thearticle is to introduce the basis theory of precontract in contrast with the Civil lawcountries and Common law system countries. The second part analyzes the base ofthe theory of precontract and its value in both legal area and economic area. The aimis to illustrate the necessity of precontract in different points of view. The third part isthe most important aspect of the article. This part tries to interpret the efficacy and the responsibility of the precontract. This part wants to regular the precontract throughthe analysis of the efficacy and the responsibility. The last part expounds thepossibility and the liability on naming precontract and argues that putting precontractin Civil Code as a kind of naming contract. The whole article interprets the basistheory and focus of precontract through the method of comparison and deduction.Then the article has an opinion that naming the precontract and regulating it in CivilCode in order to improve the legal system of our country and to promote thedevelopment of the economy.

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