The Research On Precontract

The precontract is a concept that relevant parties agree to enter a contract in future according to the promise between the parties. This concept comes from Civil Law. Its value is that the parties program the process of making contract in the form of promise in order to distribute conclusion risk sound and to reduce the cost of conclusion, have psychological anticipation on developments, thus they can make plans to market allocation of resources. In recent years, with the advancing of marketing, precontracts are being used in a wider and wider range of practice. Precontracts can make the contract to march forward in the anticipated orbit, yet due to the absence of the rules in this field, more and more disputes and cases are appearing. The failure in our judicial practice has been hindering us from running smoothly in this area. This article firstly discusses the concept, legal quality, classification and legal requirements of precontract, and then makes a comprehensive study of legal effect and liabilities of precontract and at last gives a example to prove the whole text view. The author wish it can be play a role for citizens to conclude and perform the contract smoothly and justice work.This article contains five parts mainly:Preface makes an introduction of precontract's social importance concisely. Precontract is an important mean of governing the bargaining process of the two parties, so it adapts to market development. Generalize the international legislation and academic research, we can conclude what are the dispute problems on the precontract.The first part analyzes the concept, legal quality, relationship between contract, characteristic and classification. Analyzes and compares American and French scholars on classification, combine with theory and practice of contract law, the author conclude there are two classification, single-obligation and both-obligation precontract; the more certainty and the little certainty precontract. Next studies the special legal requirement of precontract and analyzes relationship between precontract and some similar concepts. Through a general analysis of foreign legislation and reference cases, pointed out that the significance of establishing an precontract system in China.The second part deliberates the concept of precontract effect and scheduled period. Comprehensively analyzes two current main theories of precontract effect. The conclusion is both of them have advantage and disadvantage, neither of them couldn't solve the problem. It is decided whether the precontract's detail coincides with contract. If there are main contract details in precontract's content, the legal efficacity is"must sign", otherwise is"must negotiate". The two efficacities expatiates the specific negotiation obligation faithfully and requirements.The third part discusses the breach of precontract and the liabilities of breach the precontract, probings the problem of whether the remedies of a precontract is enforceable. The author points out adopting the doctrine of liability for faulty. The content involves the relation between precontract and culpa in contrahendo; According to the range of legal efficacity in differency, the remedies concerned with reliance interest and expectation interest.The forth part through analyzing the employment agreement for college graduate, it proves the opinions of the text.The fifth part is the conclusion of the article, makes a general review of the whole article. The author poses her suggestions on the establishment of the systematic structure of precontract at both the legislative level and the theoretical level.