On The Legal Effect Of Contract Contract And Its Breach Of Contract

In contract theoretical classification system, reservation contract is a more special class of contracts whose value is that it is a form of agreement to enter into a contract for the opportunity to be fixed in the future, in order to reduce the risk of contracting and contracting costs. In recent years, contract appointment based on legal or factual reasons is widespread, especially in the real estate sale and purchase of land use right transfer, private lending, rental and college graduates’ employment. Among them, the most commonly used is in the field of real estate transactions. Because the lack of relevant provisions about the reservation contract, thus resulting in practice often difficult to resolve disputes appointment. After the introduction of the latest judicial interpretation, appointments get a formal legally requirements, but still left a lot of theoretical problem to be resolved. This paper attempts to investigate cases of domestic legislation on the basis of ideas and scholars to study the legal effect of reservations and remedies for breach of contract issues.This paper is divided into five parts. The first part is an introduction, describes the realistic background of this problem. The second part is an overview of reservation contract, the two legal analysis of the concept of reservation, the establishment of the elements of the regulations, and then analyzed under a contract with the relevant Chinese context reservation is easy to confuse the concept of difference, for the establishment of an appointment Elements of the contract proposed some of their views. The third part is the legal effect of reservation contract, which is one of the focus of this article. Mainly from the definition of the legal effect of the reservation contract, the basic content of the basic characteristics, strength and effectiveness of the legal basis and the aspects discussed in detail. The fourth part is the remedy for breach of contract appointment, mainly analyzes continue to perform, deposit and liquidated damages and to exercise the right to terminate this contract applies to several forms of relief. Finally, in the last part of the text, there is a brief summary and some suggestions for the theoretical dilemma of reservation contract.