The Research Of Pre-contract

Pre-contract is a contract within a certain period of time agreed upon future contract. Pre-contract is an independent contract,trading body because given the current signing of some of the obstacles of fact or law on the existence of the contract,so he agreed to sign a contract within a future period of time, that the present contract, the content of the contract in advance to make certain arrangements for, and the Parties shall be binding. The Pre-contract is different from the contract with the conditions of entry into force, but also different from some non-legally binding letters of intent,memoranda and other documents. The theoretical basis for an Pre-contract is:l. Private autonomy and freedom of contract--Each market players, in the not illegal, do not harm others and social interests of the premise, the right to decide with whom their own contract, which signed the contract, the law should encourage legal contract various forms of legal recognition appointment is private autonomy of the important embodiment.2. The principle of good faith-- Reservations about the first part of this phase of the contract, the two sides at this stage of the Human resource integrity is relatively weak, which also requires both parties keep their promises, honestly fulfill obligations to continue negotiations or the conclusion of the covenant, or should bear the responsibility, to make up for the loss of the other party.3. Economic efficiency principle-The parties has to pay a lot of transaction costs at the reservation stage,subject to legal effect, in order to fix the outcome of the negotiations,which can effectively reduce the cost required for the future negotiations of the contract.Subjective factors ? meaning?content and the form are four factors in the establishment of the Pre-contract. This article focuses on three points:1.Theform factor:I believe that because the appointment often contains pending terms, the rights and obligations of both parties is ambiguous, should be regulated as a type of contract, but should allow the performance of this contract and the implementation of the form of defects to be cured.2. Meaning expression: The parties are willing to be bound by the appointment, but only for the validity of the appointment.3. Deterministic content: The contents of the contract can be brief, but also detailed, but must include the necessary provisions of this contract.There are some statements for the effectiveness of the reservation contract: 'Must be consultedtheory','Conclude a treaty theory','Regarded as the present contracttheory','Content decisiontheory' and 'combination of subjective and objective'.I agree with the statement: ' subjective-based combination of subjective and objective'. If the parties have agreed on the effectiveness of the Pre-contract,of course,from its agreement; if not agreed, through external factors(such as whether to include the essential terms of the contract, the purpose of the contract and the conclusion of fulfillment) to explore the inner meaning of the two sides.With regard to the liability and remedies for breach of contract, this paper mainly concerns whether the compulsory performance is applicable or not, and that the contract of appointment does not apply to compulsory performance. Contracts with the effect of this contract shall be enforceable; Contracts with effect of this contract which do not have the prerequisites of this contract shall not be applicable. In addition, the scope of damages, we believe that the compensation can not fulfill the interests of the contract or the reservation will be equivalent to the present contract.