The Systematic Structure Of Precontract Institution

Precontract is a promise to make a forward contract, whose purpose is to make sure the forward contract be concluded, through a precontract made by the interested parties to bound the concerned person, as the condition of concluding forward contract be not ripe.The dissertation wants to construct a systematic structure of Precontract Institution. At first, we analyze the precontract's legal concepts and its legal characteristics, and points out that the precontract is a contract in essence, however it hasn't the characteristic of human being 's nominate transaction, the author discuss it from the viewpoint of the procedure to make a contract.Precontract is based on the theory of the Relational Contract Law and Life of Contract, which reflect the parties' intention to control the process to make a forward contract. When a precontract is confirmed, we must find the parties' true intention through it, and grasp all informations of the contract. If we can make sure that the contract has prescribe the obligation to conclude a forward contract, the precontract can be regarded as one that has been concluded successfully.After that, the dissertation discuss the validity of precontract, and make the conclusion that the innocent party can get remedy when one party breach the precontract by payment of damage of reliance interests, but not by specific performance. At last, with the comprehension of the Precontract Institution, the author draft five legislative articles to perfect our country's contract law.