Research on the Precontract
|Course||Civil and Commercial Law|
|Keywords||Appointment Contract Legal characteristics Contracting Negligence The force of law|
Generally believed that the appointment contract is entered into certain contracts agreed upon in the future contract. Appointment as a civil contract system have long existed a national legal system, since the nineteenth century, beginning in the establishment of the French Civil Code, it caused widespread concern in all countries, and was incorporated into their legal system into. Appointment Contract conclusion of the contract as a specification of a program system, well adapted to the market transactions and business development needs, but China's current system of appointment contract research is not much. In this paper, historical analysis, comparative induction methods such appointment contract system for a more systematic and in-depth research. Reservation value of the contract before the contract is to regulate the main responsibility for the delay and to avoid the conclusion of the contract about to type. Unlike common law contract appointment pre-contract agreement, appointment contract as a contract must have certain binding, while the Anglo-American law, pre-contract agreement with a more inclusive, it can also be non-binding and binding, As to whether a binding must be placed in specific cases studied. Appointment contract system with the same contracting fault system as a normative system of prior contractual obligations, although both conceptually completely different, but functionally is very much overlap. The establishment of the two systems are certainty for the parties to the contract has not been established in a constraint relationship is established to ensure that the parties before the conclusion of the contract certainty from the establishment of final contract is not affected by the loss and damage occurs in such a timely manner compensation. Elements of the contract on the reservation, in principle, applicable to the general provisions of the contract, but has its particularity, especially regarding the contents of the contract appointment of certainty, academia controversial, this paper considers an appointment can be divided into a higher degree of certainty appointment and determining the reservation less two categories. In this paper, an appointment the obligations of parties to the contract and breach of appointment should bear legal responsibility perspective appointment validity of the contract. Obligations of the parties regarding appointment consultations Duties and obligations of said into about two viewpoints, I think we should distinguish between the different parties to the contract appointment determined obligations. For breach of contract appointment accountability, especially in the actual performance of the application and to determine the scope of damages, scholars from different perspectives, this paper considers the determination should be based on the extent of reservations for different requirements.