Booking Contract Study

The appointment contract have can help the parties to seize trade opportunities, reduce the risk which participate in the transaction, the transaction cost function for saving. Therefore, has been widely used in real life, but the relevant appointment contract disputes are increasing gradually. No detailed provisions appointment contract in our "contract law" and other laws, treatment makes relating to appointment contract disputes have no legal basis, but the appointment contract’s legal status in 2012 promulgated the "on the trial sale contract dispute cases the interpretation of applicable law problem" has been acknowledged, provides a legal basis for the settlement the appointment contract dispute judgment practice, to further promote the development of the appointment contract system. But there are still some specific problems, such as the appointment of the validity of the contract and other legal not formulate detailed provisions, the need to continue in-depth study and discussion.The first part discusses the origin of the pre contract, introduces the historical background; at the same time, defined the concept and characteristics of the contract appointment, and introduces respectively the French and America scholars on the concept of classification; then the appointment contract are easily confused with the contract, conditional contract has carried on the contrastive analysis, to clear its connotation and extension.The second part on the effect of the contract appointment has important significance to establish clearly the responsibility of breach of contract based, and in practice a lot of appointment contract disputes resulted from the different understanding on the effect of the appointment contract, legal meaning in this paper from the validity of a contract between the parties to a contract basis, make an appointment service and its way of realization of these aspects were discussed.The third part of the agreement when the contract breaching pre-contract obligation, the parties should bear the liability for breach of contract are discussed. Clearly the responsibility of breach of contract can cause the transaction participants attention, has a guiding role on the trading behavior; its imputation principle should apply different principles according to different types, the appointment contract; violation of appointment contract, a party may apply to the relief measures of damage.