Research On The Legal System Of Appointment

Appointment as an important way to contract the parties have been widely used in practice, its function is fixed trading opportunities, prompting cautious trading parties. 2012 "Supreme Court interpretation on the trial contract dispute case law applicable to the issue of" reservation made for the first time explicitly stipulates the terms of the creation of this interpretation of the rules for the sale reserved for our handling of cases in the judicial practice appointments provide some legal basis, but finds its appointment, the force of law, breach of contract and other issues not be clearly defined, which are still need further study in theory.This paper is divided into four parts:The first chapter finds appointment. Appointment is an agreement to enter into a binding contract in the future, and its binding effect shows the performance of consultation or contracting effect. Reservation contract is tautological too, should be referred to an appointment. Appointment as an independent debt contract, promise to contract, the most notable feature is the subject of the Department made about the behavior of the appointment. French scholars are divided into priority reservation agreement, agreed in principle agreement, entered into a contract unilaterally promised, American scholars will make an appointment to appointment into line with the pending negotiations and the terms of appointment. It is necessary to make an appointment and appointment into effect as already agreed not agreed appointment, the appointment of effectiveness depending on whether or not agreed with the principal terms of the covenant into effect in consultation appointment booking and contracting effectiveness. Reservations about the existence of this difference in terms of contracting purposes, Contracting content, as well as breach of contract and other claims. Trading in the common letter of intent to have effect if the appointment needs to be treated differently. Reservations about the availability of this all the terms, and agreed with the attached reservations about the conversion of the stop condition occurs when certain facts reflected in the difference between the contract if the parties would need to make an appointment desirable again, otherw.The second chapter of the legal effect of the reservation. The legal effect of the appointment means the parties should bear what kind of obligations under the reservation, and the responsibility at the time the reservation is not fulfilling its obligations shall bear. Freedom of contract, good faith and economic benefits have been identified as the theoretical basis of the legal effect of the reservation. "Consultation must say," "should contracting", "the contents of the decision to say", "as saying this about" all have their pros and cons, objectively speaking, the objective facts of the subjective factors both will affect the validity of the appointment, in determining the when the effect of the reservation, the contracting parties of the reason, the true meaning of the parties, the essential terms of the contract of the three reference factor in judicial practice should also be considered. Also necessary to determine the effectiveness of the reservation period. The period of validity is not a Scheduled appointments, but its own existence of the reservation period, which the countries concerned about the effectiveness of the provisions of the reservation period a year can learn.ise stop condition attached to the contract.Chapter III Appointment obligations and responsibilities of the parties. Different effectiveness of appointments determines different obligations of the parties, the major parties have the obligation to make an appointment actual negotiations, the obligation to not violate the terms of the obligation has been decided, the disclosure. Violation shall be liable for breach of an appointment. Of course, in the process of contracting an appointment can produce Culpa. Liability for breach of booking appointments in different ways due to their effectiveness and there are differences, the effectiveness of consultation appointments for specific performance under the NA, under an appointment contracting effect, in an appointment with the essential terms of the covenant and the fulfillment of both parties benefit the case can be applied to specific performance; range of damages in an appointment for consultation, although in effect when the main interest of the trust, but it is necessary to refer to expectations of interest, but should be limited by predictable rules; Reservation in nature agreed liquidated damages payment of liquidated damages for; the nature of the reservation deposit payment or breach of legislation agreed deposit, the loss is greater than the deposit liability breach, and damages deposit may be used.Conclusion The appointment is effective remedy "offer- commitment" model Culpa deficiencies and defects, it is necessary a special chapter on the reservation were prescribed in the next General Civil Claims Act. It primarily provides the following: appointment is about to enter into this agreement has binding contracts in the future. The parties shall have an agreement that an appointment has the consultation or the contracting effect; if the parties have no agreement or the agreement is not clear, the parties bear the obligation to consult, but if reservations already have about the essential terms, the parties are obliged to conclude this covenant; reservations parties may agree to make the deadlines of the contract, if the agreed period exceedes one year, it is considered as one year. Since the agreement has not made an appointment for the period, the parties should sign within a year since they conclude an appointment; if one of the parties refuses to perform an appointment without good reason, the other party is entitled to demand the signing of this agreement or damages; For these appointments which have the essential terms in the contracts and you can perform and may result unconscionability without no performance, if a party refuses to enter into this covenant, the other party may request the appointment fulfilled.