The Study On Pre-contract

Article 10 of the Supreme People's Court on the Application of Legal Issues in the Trial of Disputes over the Sale and Purchase of Contracts(May 10,2012)Article 2:"The parties have signed an appointment contract such as subscription book,booklet,booklet,memorandum and so on,Within a certain period of time to enter into a contract of sale,one party does not fulfill the obligation to enter into a contract of sale,the other party to request the contract to breach the contract or request to lift the appointment contract and claim damages,the people's court should support."China introduced the concept of contract,There are still many theoretical disputes about the scope of application,basic definition,type,function and requirements of the appointment contract.The research process of this paper begins with the historical development of the contract,through the understanding of the simplicity of the Roman law,the development of the reservation in the French Civil Code,the appointment of the German debt law,the appointment contract system of the Italian Civil Code,The succession of the European countries reflects the general trend of the civil law system on the admissibility of the contract contract,and the interpretation of the contract appointment legislation of our country is carried out according to the interpretation of the judicial interpretation drafting group.Secondly,the basic problems such as the definition and general nature of the contract,the legal source of the contract,the legal application of the contract and the function of the appointment contract are summarized by using the explanations of the meaning and system.This constitutes the first and second parts of this paper.But in order to facilitate the reading,in the order of the chapter made a certain adjustment,the summary of the contract as a first part of the appointment of the development and domestic status as the second part.Through the first and second part of the discussion,we can see that the theoretical controversy of our research mainly concentrates on the effective provisions of the appointment contract,the validity of the contract and the form of contractual breach of contract.Therefore,the third part of the paper first elaborates the special provisions of the appointment contract and the special effect of the appointment contract,and puts forward the definability and general form of the contents of the reservation contract.The fourth part is the validity of the contract,the current major types of theoretical controversy:it should be said that the need to negotiate that the contents of the decision that(also known as the level,part of the performance)based on the analysis,combined with the first three parts of the effective,Argued that the contract should be more legitimate,put forward the views of this article.Also for the fifth part,the principal form of liability for breach of contract shall include(i)actual performance(ii)damages and shall be based on the performance of the interest.Finally,the author draws the preliminary conclusion of this research topic:the equivalence of the present agreement,the particularity of the validity and the equivalence of the validity and the liability for breach of contract:the actual performance-the damages-the view of the interests.