| Based on the analysis of the typical cases of the contract,this paper summarizes the focus of the appointment contract,and leads to the existing problems,combined with China’s relevant laws and theoretical doctrine,to provide some references for appointment contract,so that it can meet the theoretical logic,but also meet the practical needs.This paper is divided into five parts.The first part,the basic case and the questions.The first section describes the basic case,and sum up the court’s ideas and points.In section II,the judicial interpretation has made some stipulations on the definition,nature and breach of contract of the appointment contract.However,the stipulation is too simple,which leads to the establishment and implementation of the appointment,the fulfillment of the reservation and the default problem.The second part,the establishment and entry into force of the appointment contract.The first section describes the basic theory of the contract.A appointment contract is a contract that agrees to sign a contract in the future,according to the integrity of the content,it is divided into a simple appointment contract,a typical appointment contract,a full appointment contract,given the first one the effectiveness of the integrity consultation,the others must be contracted.The appointment contract is different from the letter of intent and the contract.Section II analysis of the establishment and implementation of the contract requires the need for general contract elements,but also has a special component.The constituent elements of the situation,the establishment of the appointment contract occurred in the signing of the contract,the parties of the appointment contract are same with the contract.Substantive constituent elements,the appointment of an independent and effective contract,must show that the future of the meaning of the contract,the content must be certain certainty.The third part,the implementation of the appointment contract.The different types of appointment contracts should have different content of the implementation.The first section deals with a simple appointment contract that contains only the parties,the subject and the quantity,and has the validity of the negotiation of the integrity.The parties need to fulfill the obligation of consultation to judge whether the parties have fulfilled the obligation of consultation and whether the behavior of the parties conforms to the good faith Principle,the agreement has been identified in the contract matters without consultation shall not be changed and the contract does not determine the subject matter of the subject matter of excuse,subjective reasons comprehensive judgment.Section II deals with a typical appointment contract that contains the parties,the subject,the quantity,the price and the other principal terms,and the parties must fulfill the obligation to conclude this contract.Section III deals with the fact that the full contract is almost identical to the contract,and the parties must fulfill the obligations to conclude this agreement.The fourth part,the breach of contract relief.The first section analysis of the parties to the simple appointment contract in violation of the obligation to negotiate on the establishment of default,a typical appointment contract and a complete appointment contract breach of consultation and conclusion of this contract are set up breach of contract,and a simple appointment contract to determine the default application of fault liability,a typical appointment contract and Completed booking contracts are strictly responsible.Section II analyzes the specific application of various forms of default relief.A simple appointment contract can not force the parties to sign the contract,the obligation of good faith consultation is not suitable for continued performance,so it does not apply to continue to perform.A typical appointment contract and a full appointment contract apply to continue performance.In the case of damages,a comprehensive trade-off shall be made on the basis of the different types of the contract,and the damages for the simple appointment contract shall be the interest of the reservation,and the damages for the typical appointment contract and the full appointment contract shall be equivalent to the performance benefits of the contract.In the event that a party fails to comply with its obligations to enter into this Agreement,the relying party may claim to terminate the contract and request damages,or the parties may terminate the contract by negotiation or the contract can not be concluded.The deposit and the application of liquidated damages,breach of contract from the agreement,the deposit applies to all the appointment contract,the deposit and prepay strict distinction,the application of deposit penalty must be due to one party cause the illegal conclusion of the contract.Section III analysis of the contract default should be applied to change the principle of change.The fifth part,the appointment contract system perfect thinking.In the contract law to confirm the appointment contract status,to determine the degree of the contents of the appointment of the corresponding effect,a clear appointment of the principle of attribution and the various remedies applicable. |
