On The Appointment System

As the fast development of economy, the estate market is becoming more and more prosperous. The disputes about commercial residential building trade also increase at the same time. This kind of dispute involves from ones about common sales and purchase contract to the ones about commercial residential building order for purchase, purchase letter, letter of intent and so on. The action to sign pre-sale contract offers both sides chance of choice, but also brings more disputes and ventures. Because of the lack of rules on precontract agreement in China's laws and the deep studies on the theoretical research, there is no unified standard in the trial practice which reaults in the phenomenon of different cognizance and judgment for the same case; therefore, it is quite necessary to do further research on the precontract agreement, which will create great social value. This thesis begins with the real case and discusses precontract's definition, features, theoretical base, effect and remedy after the violation of the precontract with the expectation to make a little contribution for the legislation of precontract in China. It is divided into five parts:The first part shows the target case. The author points out what will be studied based on the basic case description and the gist of the judgment.The second part talks about the origin and theoretical base of precontract for further understanding.The third part describes the definition of precontract and its component as well as the types with details.The fourth part is about the effect of precontract. It maily analyzes the theory of precontract's effct and the legislation, then the thesis's standpoint comes out.The last part introduces remedy for the violation of precontract . Any system's study must be back to the research value. The author intends to get the remedy of violation of the precontract from the study on precontract with the hope to contribute to the judicial practice.