Research On Reservation Contract

With the development of market economy, the society has provided more opportunities and choices. On the other hand it also brings more competition and risks. Market conditions are changing quickly and business opportunities can not be grasped easily. Under this situation ,drawing a contract is the favorable means to protect the commercial interests, clearing rights and obligations of both sides. However, in many cases, due to the existing legal obstacles and barriers , the transaction contract can not be entered into successfully. So a fixed outcome of the negotiations and transactions opportunity to order books, offers, such as letters of intent after the appointment contract quietly emerging, particularly in the trading of commercial housing , The offers have become a commonly used form. Faced with the practice of booking a large number of contracts and disputes, China's legislative lagged behind, in both theory and practical existence of different opinions, the court applied the law has brought difficulties. So booking contract research necessary to become a reality, especially on the sale of commercial housing reservation contract processing of cases, the theory of special significance, practical and social significance. From the perspective of the trial, the concept of contract appointments, functions, classification, and that the establishment and disarmament, the legal responsibility to conduct the research, and trading of commercial housing reservation contract dispute case in the legal issues relating to the analysis, with a view to China's appointment The legislative and judicial contract benefit. The full text is divided into six parts:The first part is outlined in the contract appointment. Discusses the concept of contract appointment, functions, features and legal basis of the law. Reservations that the contract is agreed between the parties entered into certain contracts in future contracts, with the general features of the contract, the contract law should be subject to adjustment, the contract is the appointment Connaught into the contract, independent contract, the contract claims. Reservation contract is the legal basis of the principle of good faith. The second part of the contract appointment of comparative law study. Analysis of the major countries on the legislative and appointment contracts for the classification of the contract appointment. In particular to China's Macao, "Civil Law" in the appointment of a contract that its debt as part of the "debt of the General Clauses" of the appointments made special provisions of the contract model we can learn from the Legislative Council.The third part is that the booking contract. Recognition appointment contract, is the applicable law and assume responsibility on the premise that the various parts of a similar contract with the comparison to that appointment contract. For example, the appointment of the contract and this contract, that contract should seek objective analysis of contracts, lack distinction between the terms, to encourage transactions that appointments to the contract.The fourth part of the contract to set up appointments and disarmament. Appointment of contracts that should be set up in addition to the establishment of the Elements of the general contract, the parties should "reserve" of consensual, contractual appointments should be directed at specific targets of this contract, should include at least the future of this contract made by the basic conditions and basic content. Reservations may be that the contract due to force majeure, the situation changes, default or other loss of commercial credit and disarmament.Part V of the contract appointment of legal responsibility. Part of the general contract from the start, the appointment of the obligations of the contract, the responsibility and bear the responsibility and liability principles manner. That there is a contractual appointment to a contractual obligation as the core, including the accompanying obligations, after the first contractual obligations and contractual obligations, the obligation group, booking contracts, including breach of contract responsibility is a responsibility, the contracting responsibility for negligence, after the contract responsibility, invalid and the revocation of the responsibility The responsibility system.Part VI of the sale of commercial housing in the contract appointment of a number of legal issues. Trial from the perspective of the unique sale of commercial housing, booking the sale of commercial housing Analysis of the contract, the type of establishment, effectiveness and legal responsibilities. That housing is in its development, sales of a particular description; booking the sale of commercial housing contracts can be transformed into a contract for the sale; premature signing of the reservation contract, the seller implementation of the reservation contract fraud invalid. "Parties must be" the trading of commercial housing reservation contract, if the trial had already eliminated the barriers to contracting, the court may make mandatory sentence difference to a contract for the sale of commercial housing; addition to compensatory damages, the existence of deliberately concealing the seller, permit the sale of commercial housing, Housing has already secured the fact that housing has been sold out, and other facts, the applicable punitive damages.Concluding remarks against some of the first case to resolve the case, then the contract on the appointment legislative proposals.