Study On Pre-contract System

The contract of appointment is produced in the course of the development of market economy.With the development of the appointment contract system,the appointment contract system becomes more and more important in the modern economy.The subject matter of an appointment contract is the act of the parties to the contract.Prior to the establishment of the consultation stage,due to the conditions of this agreement is not available,in order to secure the transaction opportunities,stability of the rights and obligations of both parties to enter into a contract.The recognition of the contract of appointment in our country begins with the explanation of the application of law in the trial of disputes over the contract of sale and purchase.The interpretation of the appointment effect,violation of breach of the pre contract responsibility and remedy for breach of contract for the provision,although in the legislation is an improvement,but the provisions are too general and simple,some practical problems can not be solved properly.In this paper,the author discusses the remedy of the appointment contract from the core of the breach of contract.This text is divided into four parts: the first part of the precontract system overview ",the connotation of the precontract,through the analysis of the development of the precontract,then different definitions of the concept of precontract comparison of common law and civil law,the concept of precontract.In terms of the characteristics of the contract,the contract has the independence,the promise and the nature,and the parties are willing to be bound by it.For the establishment of an appointment contract with other contracts and agreements in practice to make a better understanding of the contract.The second part is "the confirmation of the contract and the legal effect".As an independent contract,the contract of appointment has the basic requirements of the contract law.The establishment of an appointment contract must have the main elements,content elements,form elements and subjective elements.The legal effect of precontract are analyzed,the main theory "must consult" and "should state" and"content",through the analysis and comparison of advantages and disadvantages of the different theory,finally obtains the appointment contract with "contracting shall be" legally binding.The third part "the appointment of the performance of the contract and the liability for breach of the contract to perform",there are two cases,one is the general performance of the pre contract,the other is to fulfill the special circumstances of the pre contract,the precontract imputation principle I agree with the no fault liability principle,remedies for breach of precontract is to continue to perform its obligations,damages,deposit and liquidated damages.The fifth part is "the perfection of the precontract system",before a few part of the pre-contract overall theoretical study,the last part based on the previous sections existing in our precontractsystem problems and the necessity of perfecting Chinese contract system,then puts forward the legislative suggestions.