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The Research On The Liability For Breach Of Pre-Contract

Posted on:2017-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:M J WangFull Text:PDF
GTID:2296330485974072Subject:Law
Abstract/Summary:PDF Full Text Request
In the age of the deal,the contract is widely used as an important way to trade. The reasons of the loss of trading opportunities is due to the contract conditions are not mature.Under the current situation,make an appointment contract arises at the historic moment.The concept of “Pre-contract”explanation for the first time appeared in the judicial interpretation of our country,it is provided to solve such dispute applicable law basis.Provisions that violation of the provisions of the contract shall bear the liability for breach of contract of appointment,and to make an appointment principle of imputation of liability for breach of contract and the way of responsibility not make provisions.This paper starting from the connotation of the appointment,in a typical case is discussed with reference to make an appointment to the effectiveness of the contract and liability for breach of contract,and the principle of imputation of liability for breach of contract,constitutive requirements and responsibility has carried on the deep discussion.This article is divided into four parts.The first part simply introduces the concept and characteristics of an appointment contract,and analyzes the validity of the appointment contract issues.The second part starting from many typical cases,lead to below to focus on the question of liability for breach of contract,such as the application of the deposit,to make an appointment contract whether specific performance.The third part is through outside investigation for appointment contract liability for breach of contract system in China is put forward to learn from experience.The fourth part is the main part of this article is about the violation of an appointment contract liability problem,mainly analyzes the principle of imputation of liability for breach of contract,an appointment constitutive requirements and bear the way.In bear way mainly analyzes the specific performance,damages, deposit and liquidated damages the several forms of relief.To make an appointment contract liability for breach of contract research and perfect a meager force.
Keywords/Search Tags:pre-contract, contract, legal effect, the liability for breach of contract
PDF Full Text Request
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