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On Pre-contract

Author: LiangJian
Tutor: XuDiYu
School: Hunan University
Course: Legal
Keywords: Reservation This approximately Constituent elements Validity of the contract Reliance interest
CLC: D923.6
Type: Master's thesis
Year: 2008
Downloads: 42
Quote: 0
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Abstract


With the continuous development of the social and economic life, the rapidly changing trading opportunities in the market economy stable and fixed trade subject to important things on their own favorable trading opportunities. Contract entered into in practice usually does not happen overnight, the lengthy contracting process of consultation between the parties to reach a legally binding preliminary agreement (by appointment) on a number of matters the signs are everywhere. It is based on the needs, resulting in the appointment system. The reservation system for our scholars generally recognized, but our legislation expressly provides that no appointment contract theorists concept of appointment, the effectiveness of the responsibility borne not yet formed a unified understanding of the scholars of exposition generalities and classification of the contract, resulting in a lack of effective legal support and theoretical basis of such disputes in the judicial practice. Of appointment contract basic theory for the analysis of a system, in-depth understanding of the concept of the reservation contract, the legislative system, the theoretical basis of its function. In two different understanding of the contract concept itself, that is desirable on the basis of said and promised, according to China's civil law tradition and legislative practice, the reservation is defined as: unanimous agreement the parties entered into a contract mean for the future. Analyzed the constituent elements of the reservation contract, appointment identification of the contract. Appointment contract in addition to should have the constituent elements of the general contract, it must take place in about the conclusion of the process, is the subject of the parties for certain behavior for the future to enter into this about its contents must have two basic elements: an appointment to enter into this the meaning of the contract requirements; constitute the contract offer the use of comparative law, the case law of the booking made a comparison between the contract and the contract clearly identifiable appointment contract standards. Elements and the analysis based on the reservation contract, further tap the connotation of which clearly appointment contract legally characteristics, especially its subject matter is a party to the contract behavior: appointment contract to produce what legal effectiveness, in reality mainly there are two views: must negotiate to say and must say Contracting. Through comparative analysis, the paper argues that the appointment validity of a contract taken \Reservation contract obligations of conduct and obligations, constraints parties as agreed in the future to come Contracting this about, the fixed trading opportunities is the real purpose of the appointment, which appointment remedies for breach of contract should not be used for specific performance; damages the parties The interests of the trust based on the principle of good faith, the scope of compensation subject to the limits of predictability of rules, and in order to fulfill the interests of the extent. Improvement of the reservation contract system from the legislative and theoretically related proposals.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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