The Study On Precontract

Precontract is the contract that people agree to sign another contract in thefuture. We use it frequently to fix trading opportunities. Currently the research ofprecontract remains the primary level, so people who use the precontract always gethurt. As an important part of the system of the contract law, it has been admitted bymost countries around the world. As a kind of contracts, the ordinary contract’sregulation can be used on the precontract. On the other hand, the unique value of thiskind of contract is the key to master the whole system. Get the general part from aspecial one can help us hold the contract system, but if we want to make abreakthrough, we should research the unique value of the precontract.Precontract now is facing three main difficulties: firstly, the determination of itis always in dispute. How to distinguish the precontract from memorandums, lettersof intent and other kinds of texts is an important part of this paper; Secondly, we turnto discuss the determination of the legal efficacy of pre-contract. Continental legalsystem tends to support the “inevitably signed” theory, however, Anglo-Americanlegal system tend to use “inevitably negotiated” theory. From my point of view,using “inevitably signed” theory to express the legal efficacy is more rational thanthe others. Thirdly，the liability for breach of precontract should be focus on onepoint：whether specific performance could be a mode of liability. The author approveto use it，but it cannot be applied to all kinds of precontract.When we seek article two of <Sales Contract Judicial Interpretation>, we willfind that it establishes the status of precontract. However, several specific problemsshould be noticed when we using it. So the author writes it down and look forward tohelping further analysis of precontract.