Research On Some Issues Of Precontract

Precontract, as a peculiar contract, has widely existed in transaction. However, our country still has detailed provisions on the nature, validity, liability for beach of precontract, incomplete and lack of theoretical research causes confusions in transaction and judicial pracitice. And affects the unity and stability of justice. This paper make an integrated research on the types of precontract, the differences between precontract and other similiar contract, the nature, effect and the liability for breaching of contract. The structure and viewpoint are as follows:The introduction describes the background and the important positon and current legislation of precontract, as well as the necessity to improve precontract system.The first chapter is an overview of the precontract. The first section is about the conception of it, focuses on “pre” and “appointment”, and discusses the development of the thoery in civil-law and common-law. The second section describes the unilateral precontract and bilateral precontract, precontract with suspending provisions and precontract need to be negotiated. The third section discusses the basic features of precontract, the writer describes the essential terms of the precontract.The second chapter is the nature of precontract. And make a comprision about precontract and related concepts, mainly with precontract and the letter of intent and the contract. And futher points out that precontract is an independent contract,The third chapter is the legal effect of precontract. The first section describes the basis of the legal effect of precontract. Indicates the principle as the foundation of preccontract. The second section describes the main views of precontract. The third section comments the main views of precontrac. The fourth section discusses the principle of clausula rebus sic stantibus and the period of the effect of precontract.The fourth chapter is about the liability for breach of precontract. The first section analyzes the differences between precontract and Culpa in Contrahendo, clarify the differences between the two legal liability. The second section discusses principle of liability for breach of precontract, clarify that fault principle should be appled. The third section analyzes the liability for breach of precontract.The conclusion summarizes the main content of this dissertation, points the view of the author again, and affirms it’s writing significance.