Research On The Liability For Breach Of Precontract

Adapted to the rapid development of market economy, based on the autonomy and the principle of good faith's precontract arises at the historic moment, and play an increasingly important role. Although in 2003 the supreme court promulgated the "commercial housing sales contract judicial interpretation" and "business contract judicial interpretation" passed in 2012 involved in the precontract related content, however, from a large number of judicial practice, to make an precontract for present chaotic phenomenon. So the precontract has its theoretical and practical significance. From the typical case of precontract, this paper analysis the liability for breach of precontract relevant theories, put forward to make an appointment the concrete application of the liability for breach of precontract method, in order to cause people thinking.In addition to the introduction, the article is divided into five parts:The first part: The research case based thereon. This part by introducing typical cases related to precontract, summed up the liability for breach of precontract disputes in judicial practice easy to focus of controversy, including: make an appointment to the liability for breach of contract that question, make an appointment contract the question of whether or not to apply to specific performance, to make an appointment in the form of liability for breach of contract damages to define the scope and to apply the problem, the deposit and liquidated damages for breach of contract in the form of the range of issues.The second part: The liability for breach of precontract theory. From defining the liability for breach of precontract, to the analysis of default precontract liability for breach of contract, imputation principle and the liability form. Combined with the existing theory of the liability for breach of contract and booking contract relevant foreign theory and legislation considerations, analysis summarized the basic theory of liability for breach of contract for appointment contract.The third part: The current legislation system design about the liability for breach of precontract. This part introduces the current legislation about the relevant regulations of the liability for breach of precontract, and accordingly put forward the problem of liability for breach of precontract in our country, as the basis of perfecting our country's current legislation. Problems existing in the current legislation mainly includes: the provision of the liability form of specific performance, not to determine the range of damage compensation, the lack of the deposit liability applicable standard and not able to clearly put forward the liability forms between especially applicable rules between the damages and specific performance and other issues.The fourth part: the improvement of the liability for breach of precontract. This part based on the analysis of the problems exist in the judicial practice and current legislation the liability for breach of precontract system in China is proposed on the basis of some perfect measures. In order to can cause to the attention of the appointment contract liability for breach of contract, perfecting the appointment contract system in our country, a better service in the judicial practice, to solve the dispute. Including supplementary liability form of specific performance, refine the scope of damage compensation responsibility, clear the deposit liability applicable standards and the applicable rules between liability form.The fifth part: Case study conclusion. the liability for breach of precontract according to the above, the practical and theoretical considerations, analysis in this article refer to two typical precontract case, comments on its verdict, which sums up the case shall be applicable to the common principle.