Research On The Establishment Of The Auction Contract And Its Taking Effect

The effective conclusion of the auction contract is the premise of the emergence of auction contract relation. Without effective contract auction, we can't guarantee the effective operation of the auction activities. In light of the conflict between the establishment and taking effect of the auction contract in the theory and practice of Auction Law in our country, the essay tells the nature of the establishment of the auction contract from that of the taking effect of the contract on one hand, on the othef hand, the writer analyzes the problems easily coming out during the effective conclusion of the auction contract. In the conclusion, the writer puts forward some suggestions to the available Auction Law.The essay expounds the problems in the establishment of auction contract and its taking effect in three parts. It discusses the elements of the establishment of the auction contract in the first part. In the second part, it discusses the elements of the taking effect of the auction contract, including common elements and special elements. And it draws a conclusion on the legal consequences of the non-establishment and ineffective of the auction contract in the last part.As for the establishment of the auction contract, the elements always include parties, consensus and definite content, especially the consensus, which is the key element in judging the establishment of the auction contract. Also, 'the pattern to the establishment is offer and acceptance, which is a more special and complex part in auction. The auction contract confirmation, which is signed after the establishment differs from other confirmation. It doesn't produce the effect of establishment ,but the effect of proof. Besides, whether the preemptive right can be performed in the auction process is always a conflicting problem in the theoretical field. How can the bargainer choose between the obligee and the highest bidder? The writer holds her own opinionin this part.And for the taking effect of the auction contract, its elements include common ones and special ones. In practice, the auction conflicts mainly root in the understanding of the special elements on the taking effect of the auction contract. The special elements includes two regulations in auction. One is highest bidder gets the bid ,the other is reserving price. The writer will make clarification on how this two regulations effect the taking effect of the contract.Finally, during the conclusion of the contract, there are maybe some subjective and objective factors which lead to the non-establishment ,ineffective or revocable contract. The how the parties burden the liability of negligence in concluding a contract? And how to calculate?...