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Research On Reservation Contract

Posted on:2016-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:R ZhuFull Text:PDF
GTID:2296330461959065Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
With the rapid development of the market economy,the challenges and opportunities coexist,market trading opportunities fleeting.As a matter of fact or legal reasons causes the conditions of the contract is not yet mature.In this case,locking the transaction object,fixing trading opportunities,booking contract came into being.In 2012, The law of China about buying and selling contract dispute case applicable law question the interpretation of article 2, the parties signed a subscription book, order book, reservation book, letter of intent and memorandum appointment contract.They agreed to enter into a sales contract within a certain period in the future, one party does not fulfill the obligations entered into sales contract, the other party requesting it to assume liability for breach of contract or make an appointment for the lifting of the reservation contract and claims for damages, the people’s court should be supported. This provision makes the reservation contract has been established in the law for the first time.While the reservation contract is more and more widely used in the practice of life, the legal disputes occurred very frequently,our current legislation has not yet to make specific provisions about the legal effect and the way to the responsibility of the reservation contract.In this case,it is necessary to make an appointment contract effectiveness research.In addition to the introduction, this article is divided into six parts, 22,372 words included.The first part is the summary of the reservation contract.Among them,the first section, starting from the concept of the reservation contract,highlight the reservation contract is an independent contractor.The second section,analysis the features of the reservation contract,concering that,reservation contract is a kind of a creditor contract,its features included content certainty and the aim is to sign basic contract.The tird section explained the existence of the reservation contract value: locking transaction object, fixed trading opportunities, promote to enter into this covenant, etc.The second part introduces the edentified of the reservation contract.And the first section briefly introduces the standard of the reservation contract,in the second section,it clearly distinguished the boundaries between reservation contract and basic contract,especially comparing the differences and the mutual transformation.The third section is to introduce the relevant concepts,mainly comparing the conceptions among reservation,contract letter of intent and the contracting negligence.The third part is the focus of this article.This chapter is mainly using comparison method to introduce the main theory about reservation contract.Section I and Section II describes the current main theories of the contract:the theories of “Must consult” and “Should the contracting”.And the third section used the comparison analysis method to analyze the two theories and get the viewpoint of the article:in terms of the effectiveness of reversation contract,we should adopt the theory“Should the contracting”.The fourth part,it from the perspective of the general contract,and briefly introduce the general contract responsibility.We considered that,reservation contract is also an independent contract,so generalliability approach is equally applicable to the reservation contract.In terms of the way of main responsibility,this section mainly focuses on whether the contract applible compulsory performance and the range of damages.The fifth part is the improvement suggestions of the precontract system.Based on the present situation of our country,combining the theory and practice of our reservation contract. To be clear on the legal effect of the reservation contract and the manner of its responsibility.The conclusion of the article is briefly summarized,reiterated the importance of the reseach of the reservation contract.And hope for the reservation contract in practice can according to the law in the future.
Keywords/Search Tags:reservation, effect, responsibility, legislation
PDF Full Text Request
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