Appointment And Their Effectiveness Research

Precontract is a kind of contract.Precontract and real contract constitute one of the basic classification of contract.This thesis attempts to carry out the basic system of precontract through the use of the general theory of contract and the reflection on value judgments in practice,and than analysis of some issues related to precontract.This thesis includes five parts:The introduction introduce the existence background of precontract, and then putting forward the significance of making its theoretical system.The first part begains with the legal nature of precontract,and then intriduces the recognition of precontract in Civil law and Common law. And then the writer analyses the original legitimacy of this recognition.The second part is the content and the effect of precontract.The analysis starts with its elements,and then involves its legal obligations and the kind of remedies.The third part is the analysis on the relations and distinctions between precontract and related Concepts.To use the theoretical system of precontract,the writer compares precontract and related concepts and then derives the independent value of precontract.The fouth part is some issues of precontract in practice.This part including the precontract evasion of law,the effect of pre-contract transfer,and several typical or special type of precontract.The last part is conclusion.The writer summarizes and positions the system of precontrat which has analysed in hole thesis.