Research On The Pre-contract Legal System

The reservation contract is a type of contract in the amount of life. In the processof economic exchanges, the parties always agree that Within a certain period in thefuture the conclusion of the contract will be reached.The purpose of the agreement isto make the parties bounded,and be ready for the contract in the future.In civil law,Corresponding to this pre-contract,China’s General Principles ofCivil Law "and" Contract Law "do not have detailed requirements for thepre-contract,and many dispute in the life on the reservation is difficult to effectivelysolved. Real estate Subscription Agreement is a typical pre-contract.Practice of law,the interests of the large number of buyers were not due protection, which is also thethesis of one of the key.This paper argues that China’s legislation should be given apre-contract to a certain legal status, recognition of its natural connection with thisabout better respect for the meaning of autonomy and to protect the interests of both.This paper uses a variety of research methods, such as comparative analysis,historical analysis, pre-contract be analyzed in terms of definitions, characteristics,effectiveness, and accountability, etc. Specifically, the article is divided into thefollowing sections:The main argument of the first part is the importance of the pre-contract in thesocial life, as a variety of pre-contract appeared for economic development haveemerged, our law should make it an important type of contract. This part includes theappointment contract, foreign legislation brought about by the attitude of thepre-contract, and the blank in China’s legislative issues.The second part is the focus of this article, the main objective of this part is todiscoursing how pre-contract should be to build, including the nature of pre-contract,what the guiding ideology as its basis, the system should be how to design. Theappointment contract is the agreement of the parties to achieve the covenant, andpointed out that the pre-contract with the promise by nature and other features.Addition, the pre-contract have its special economic conditions and the theoreticalbasis, which is also elaborated in the first part. Different legal systems also made adifferent classification of the appointment contract, and the American scholar,is a scientific classification of the appointment contract. This section also madediscrimination of the pre-contract with a similar concept in order to better analyze thepre-contract reservation contracts and it has very close ties with the contract, but thereare also a significant difference,Although the pre-contract attached with conditions ofcontract,but there are also many difference.The third part discusses a special type for the reservation contract, real estatepurchase contracts, and real estate is a special pre-contract with the generalpre-contract, the main strength of the different status, we should give the buyers,strong protection, the design of their rules is different from the general contract ofappointment. Real estate Subscription Agreement is common in our lives, but thereare a lot of controversy about the nature of the contract, effectiveness, and deposit theeffectiveness of the provisions, which is discussed in detail about the application ofreal estate Subscription Agreement.The last section of this article summarizes and discusses the importance andurgency of the pre-contract legislation.