Research On The Legal System Of Pre-contract

It has been more than two hundred years since French Civil Code explicitlyprovided for the Business pre-contract. However, our country, even if it’s rapideconomic development, still has no legal provision on the nature, validity, liability forbreach of pre-contract. In practice, a large number of pre-contracts are executed outsidethe law and hard to be standardized. All over the courts approach different handlings insimilar cases, affecting the unity and stability of justice, therefore, it’s a must to attachimportance to clear the legal status of the pre-contract. Based on the writing needs, it’sdivided into four parts except the introduction and conclusion. The structure andviewpoint are as follows:The introduction describes the existing background and important position ofpre-contract as the creditor’s rights contract, at the same time as the special creditor’srights contractThe first part introduces pre-contact’s genetic background and the differentlegislation status in two law system. In the developing process from simple naturaleconomy to complex commodity economy, the simple barter no longer adapt to theeconomy development, then the agreement appears. It made the parties have debtconstraints and also fixed the trading opportunities. Therefore, the pre-contract appearsfollowed, and win the market participants’ attention, gradually it’s legal status wasconfirmed. This part mainly demonstrates foreign advanced legislative achievements,providing reference to our country’s related legislation.The second part includes the pre-contract’s basic theoretical knowledge. Firstly, itexplicitly describes the legal concept, nature and characteristic of the pre-contract, andalso introduces the classification of the pre-contract, the relation and differencesbetween the pre-contract and the contract.The third part is about the legal effect of the pre-contract. It states the origin of thelegal effect of the pre-contract, the parties’ rights and obligations after it becomeeffective, and how to achieve the legal effect of the pre-contract. It analyzes differenttheories about the legal effect of the pre-contract and discusses how to establish thepre-contract legal effect in our country’s legislation and judicial practice. This cleardescription part is very important to establish the liability for breach of the pre-contract.The forth part is the liability for breach of pre-contract. Liability for breach of contract is the guarantee for performing the contract, so it’s especially important forpre-contract which there is no legal regulation to govern. This part discusses thetheoretical basis of the origin of the liability for breach of pre-contract as well as it’srules and principles. The pre-contract may be applied to rules and principles of thegeneral contract, but also need to distinguish different types of pre-contract are suitablefor applying to different rules and principles. Finally, it analyzes the relief way ofliability for breach of pre-contract and the concrete application.The conclusion summarizes the main content of this dissertation, and affirms it’swriting significance.