The Study On Pre-contract Legal System

Pre-contract is a promise to make a forward contract. It is the natural extension ofprinciple of autonomy. It is the product of the development of trust principle. With the marketeconomy growing, transaction forms increasingly diverse, pre-contract is applied in practice.But so far, China has not been a perfect pre-contract system besides some regulations. Inaddition, the domestic scholars don’t given enough attention to pre-contract. So, theapplication of the pre-contract is extremely confused. Therefore, it is significant to analyzeand solve the theoretical and practical areas problems of pre-contract. The paper discusses theissues related to pre-contract and analyze the theory of law in order to contribute to theresearch and legislation of pre-contract.There are six parts besides the introduction.The first part is to introduce the theory of pre-contract. The author starts with concept ofpre-contract and inspects the opinions in word, also provides its legal conception, which is thebase of this thesis. Then author analyzes pre-contract’s characteristics and draws a comparisonbetween pre-contract and relative concepts, and points out that it is a contract in its nature.Last, the author expounds its theoretical basis and the value of system to state its foundationin legal field.The second part is to analyze the pre-contract with the help of comparative means. Theauthor studies the legislation and theory in civil law and common law. After this, the authorpoints out the differences between establishment and effectiveness in order to contribute toChinese legislation.The third part is to discuss the establishment of pre-contract. Pre-contract is a specialcontract. Compared with general contract, its establishment is comply with the provisions ofgeneral contract. In addition, it also claims for the established content, which benefit theunderstanding, grasp of pre-contract.The fourth part is to analyze the effect and obligations of pre-contract. Legal effect isthe essential part of the pre-contract legal system. The opinions about the effect ofpre-contract are confused. Author introduces these opinions in the academic circle today.After analyzing fit and unfit quality of these opinions, the author puts its own viewpoint: theright way is to set forth different clauses of effect of pre-contract according to different kindsof pre-contracts. Once the pre-contract is formed, it produces a binding on the parties. Because of thespecial of pre-contract, the parties should fulfill some obligations, such as fair negotiation,disclosure obligations.The fifth part is to discuss the remedy for breach pre-contract. Author inquiresviolation responsibilities and termination of pre-contract. Among this, violationresponsibilities is the key point of the thesis. Author discusses the forms of pre-contractbreach, expounds the view on implementation, and also analyzes clause of default fine.The sixth part is to study legislation on pre-contract. Author checks the status quo ofpre-contractual legislation and points out the necessity of stipulating the pre-contract in law.Following, the author discusses the problem of what position of pre-contract in law. Last theauthor ties to put forward some legislative suggestions.Text shallow to start a discussion.