Pre-contract Legal System

Precontract is a contract to make a contract; it exists extensively in the practice. Precontract originated in ancient Roman law, the earliest found in the sale, use of credit, consumer loans and other individual contracts. Later there were being extended to almost all contracts in some countries. It is regulated in the Civil Code of France, German and Switzerland etc. However, it is not regulated in 'The General Rule of Civil Law' of 1986 and 'Contract Law' of 1999 in our country, or in the Civil Code of China (draft), which was announced by the Standing Committee of the National People's Congress Law Working Committee on the December 17, 2002.The research on precontract in theory is not enough too. But On the basis of the reasons in law or in fact, the condition of concluding a contract directly between the parties is not abundantly, and the party is afraid that he will lose the chance of the trade when the conditions are realized; or the party wants to evade the legal provision on the precontract of substitution performance, they can conclude a precontract at first, which could restrain the relative party, protect the Creditor's right of concluding a contract and guarantee. It is very common in the practice. Because of the lack of the current legal provisions, there are many disputes that are caused by precontract generally. So China's legislative work should make an appointment andthe adjustment.How to differentiate precontract and other preparative activities to conclude a contract, such as the intention to contract, agreement of initialing? How to differentiate the emergence occasions of precontract? How to assert the validity of precontract? How to assert the applicable law? All of these are the questions of worthwhile researching.This paper tries to dial meaning of the elements of the establishment, the legal effect and the appointment violated legal obligations to use a historical analysis, more research into methods of analysis with a view to clarifying appointments appointment between the parties.Thesis is divided into four chapters, including:The first chapter, I discuss following issues, namely the characteristic, nature and the circumstance of occur, various legislative modes of precontract in many countries, classifications of precontract and the scope of application of precontract, aiming at explaining the basic theory of the precontract.The second chapter, I discuss the regulation of precontract, analyzing the form of precontract. The legal effect of the precontract is a dispute in the research on precontract in theory. This paper attempts to make the main thoughts of the precontract on the basis of various kinds ofviews.The third chapter, I discuss that major violation of the appointmentshould bear legal responsibility and compensation for the losses. Relief focused on whether the appointment of non-recoverable performance of the view is expanded by the author.Finally, The fourth part is a key part of this paper .I proposes that we should legislate precontract in general provisions of law, and proposes my legislation design.