An Appointment Contract Legal System Research

Reservation system originated from Roman law to the ease of content system,then the French civil code,the Austrian general civil code in law admits a reservation system.In modern society,with the continuous development of trade in goods,more and more people through the subscription book,letter of intent and order book in the form of fixed trading opportunities,convenient trading after mature formal contract in the future,especially in the commercial housing sale market,conclude a contract to make an appointment as early as possible to prevent prices rising and buyers signed subscription book of psychological activity.Appointment contract is a contract the parties according to be bound by them at some point in the future continue to negotiate with cost about,or are willing to bear the adverse consequences of the contract,although there are a lot of theory about the appointment,but these ideas are not unified,at present,only two brief judicial interpretation,in the practice of difficult to solve all kinds of disputes.In commodity trading markets,to make an appointment is expressed in the form of commercial housing subscription book,therefore,the first to make an appointment to set up the basic elements,clear otherwise this kind of text can only due to lack of the necessary requirements to not stand,damage the interests of the person that buy a house;Second,developers under the drive of interests in a variety of reasons to deny the validity of the subscription book,and the other party in the vulnerable groups,proof difficult make it difficult to make good for home buyers in the court's decision.Therefore,this paper through the case form various problems in the practice of list,and then to clarify of reservation system,listed in theory each scholar's point of view,the good and discard the dregs,forming perfect appointment system,with the reality of the previous theoretical analysis to solve the latter problem,finally gives some advice on the legislation.In this paper,the structure is divided into the following parts,specific arrangement as follows:In the practice of the introduction in the form of case put forward the main problems,and to make an appointment contract briefly,the origin and function of support later theory construction.The first chapter,the meaning of the appointment contract nature and the function has made the detailed elaboration,to consolidate the foundation theory in this paper.The second chapter details the appointment was established,and the properties of elements,decided to practice a variety of whether to provide theoretical basis for the reservation of the contract,and puts forward opinions to decide how to commercial housing subscription book.Enumerates several practice the concept of easy confused with an appointment contract,and expatiates on how to distinguish.The third chapter is about the reservation of law and the liability for breach of contract,through the analysis of three kinds of theories,it is concluded that "should the contracting said" more in line with the principle of good faith and fair principle and the purpose of the appointment set up.Typical appointment contract in practice that the effectiveness of the commercial housing subscription book are discussed in this paper,"said should conclude a treaty" conform to the established goal.For three types of liability for breach of contract item by item analysis,and that actual performance not only against the parties intention,instead more embodies the principle of party autonomy.The fourth chapter expounds the legal system to perfect our appointment contract specific practices,including the analysis of the typical appointment contract the practice commercial housing subscription book and appointment contract system deficiencies,and in view of the shortcomings of the corresponding improvement Suggestions are presented.In this paper,through the practice of theorizing about the controversial problemsof the commercial housing disputes,builds the overall framework of appointment system and then through the analysis of the present situation and the insufficiency of current legislation,puts forward some feasible advice for the future legislation.