A Probing Into Procontract

Procontract is a special kind contract in doctrinal contract classify. It is a contract to make a contract in future according to the promise between the parties. 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. In intercourse of economy, precontracts are being used in a wider and wider ranger of practice for varieties of reasons. Accordingly, the disputes correlative with precontracts occur commonly, yet until now the rules in this field is absent. It is very necessary to discuss the problem about precontract in theory, especially about how to recognize the character of precontract and to cognize the obligation acting against precontract. The failure in our judicial practice has been hindering us from running smoothly in this area. So in this thesis the author want to expatiates the basal theory about precontract and the obligation acting against precontract, trying to bring forward an effective approach for the settlement of this issue, hoping to discuss with teachers and colleagues.In this thesis, the author uses a comprehensive technique of a historical method, a comparative method and the combine method between theory and practice in order to better analyze this topic. There are all together four chapters in text of this paper and the following are the details of the text:Chapter one is about the introduction of precontract. In the first section, the author introduces the definition of precontract abroad by comparative method, by which the author gives her opinion on the notion of precontract. It is the basis in theory of writing this paper. Bases on the notion, the author goes on to expatiate the legal characters of precontract. In the second section, the author expatiates the relation between precontract and contract. The author indicates the classification bases, the significance of precontract and contract and the means to discern when it is difficult to distinguish them. In the third section, the reasons and the functions of precontracts are expatiated, which can make the significance to probe into precontract clear.Chapter two are about theory basis and law precedents of precontracts. According to the expatiation in this chapter, we can understand precontracts better. Because it points out the theory gist to exist for precontract and the source of it.Chapter three are about the composing essentials and the cognizance of precontracts. This chapter is composed by four sections. In the first section, the constituent to come into existence for precontracts is expatiated in detail, which must not only accord with the constituent to come into existence for common contracts, but the intent to come to an agreement in future of the parties of precontracts is clear. The second section is about the types of precontracts. Different types of precontracts have different legal efficacity. The third section is about the cognizance of precontracts and the difference for correlative legal terms. According to the above analysis, the connotation and essence of precontracts are indicated.Chapter four are about the legal efficacity and the aftereffect acting against precontracts. The legal efficacy of precontracts is the emphasis for the thesis. The first section points out the legal efficacy of precontracts,which have two sorts——must negotiate and must sign. The second section expatiates the specific negotiation obligation faithfully. In the third section, the author points out that when circumstances changes, he legal efficacy of precontracts may be changed. In the fourth section, the legal liabilities acting against precontracts are discussed. The fifth section gives a case to prove the opinions of the text.In the end, the author gives the opinion of that accepting the legal efficacy of precontracts in law can meet the need of the theories and practices in contract law.