Comments On Company A V. Company B Dispute Case Of Housing Purchase And Sale Contract

Housing sales contract dispute is one of the more common disputesat the present stage. This article refers to the case that two companies signed a"purchase agreement". Considerable controversies exist in the two companies whenthey fulfill their contractual obligations in the course of implementation. One partyrequests confirmation of the rights and obligations of both parties by resorting to thecourts after consultation fails. The main focus of controversy in the case including：whether "purchase agreement" is the precontract or contract、determine the nature oflegal relationship between the parties、 Are " termination letter" to terminate thecontract relationship. China’s current law does not make any provision forprecontract,Theoretical study also did not cause the attention of scholars.In themeantime,although China’s<Contract Law> clearly defines the system of rescissionof contracts, a lot of scholars do abundant research on contract rescission system.Due to the complexity of the problem justice practitioners still have many errors inunderstanding these issues.When courts at all levels deal with specific cases by making use of contractinterpretation they should follow the rules of contract interpretation and take theproper method of contract interpretation based on differences in interpretation of theobject. In the first place, the precontract is a concept that agreed by the parties toenter into a certain in the future. It is a doctrinal classification of contracts. The mainvalue lies in making a plan for the process of entering into a master contract in theform agreed by the parties， in order to achieve the purpose of entering into thecovenant. Precontract corresponds to the contract. Precontract itself also has acontract binding force. There are mutual obligations between the parties to enter intothe contract. In practice we should distinguish a precontract with the contract basedprimarily on the parties intention, and combine with the fact that the mainperformance to determine the legal relationship between the two. Secondly, thesystem of rescission of contracts refers to making the contract relationship from thebeginning to eliminate or destroy in the future because one party or both parties’declaration of intention after the contract established according to law and in the caseof certain conditions. Whether the contract should be terminated，we must combinedwith specific provisions of "contract law" for specific analysis, and can’t empower owners terminate the contract arbitrarily for applying" Property Law" in theregulation of the burden act and disposing act wrongly. This article would like todraw scholars’ attention to controversial issues remains in the practice throughcomprehensive analysis and thinking on this case, and provide some tips and helps forthe judicial practice in dealing with similar disputes.