Booking Contract Study

With the development of society and economy, the traditional model of "the offer - the commitment" can’t satisfy the modern complex division of labor, buyers and sellers need to agree on repeated consultations. Therefore, in order to fix trading opportunities in advance and ensure that both sides’ relevant rights and interests in the contracting, pre-contract came into being and has been widely used in practice. In practice the most typical pre-contract are college graduates employment contract, the contract of real estate purchasing, house-leasing contract, private lending contract and so on. In June 5,2012, the Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts was announced, in the second article, we officially acknowledged the pre-contract. But there are a lot of legal problems are not clear, which urgent need to further improve for solving the problems about pre-contracts in practice.The first part:The basic theory of pre-contract system. This section introduces the concept and the features of pre-contract, and distinguishes the boundary between pre-contract and other similar concepts. Then the article describes the legal nature and scope of the pre-contract. Finally, the paper analyzes the theoretical basis and the value of the pre-contract system.The second part: The comparison of the two legislative modes of pre-contract. This section describes the different provisions of the civil law and common law countries(regions) of the pre-contract system,then the paper introduces other countries’(regions)attitude for specific performance,in order to improve the legislation of the pre-contract system in our country.The third part:The legal effect of the pre-contract. First, the paper describes the effective elements of the pre-contract, including generally effective elements of the pre-contract and the special effective elements of the pre-contract. Because it takes effect only after the establishment of the pre-contract. Secondly, the legal effect of the pre-contract produces theorists controversial issues, which is the key of the research value of the pre-contract system. This article describes the theory and evaluation of the four, while the writer show her views.The fourth part: The legal responsibility for the breach of pre-contract. First, the paper discusses the concurrence between the legal responsibility for breach of pre-contract and the Culpa of pre-contract, then the author distinguishes their differences. Liability for breach of pre-contract to protect the interests of the parties is more appropriate than Culpa. Section Ⅱ focuses on various responsibility forms of violating the pre-contract., including the following aspects:Whether it can be applied to continue to fulfill, the scope of damages and specific content, Have agreed or agreed liquidated damages case, the deposit problem. The writer analyzes existing theories of several aspects, and then presents her views.