Empirical Study On The Legal Effect And The Remedies For Breach Of Pre-contracts

Appointment is a rights contract that is independent of this contract,has preparatory functions for the contract,then corresponds to the actual needs of the transaction,and the core purpose is to confirm that the parties are bound by the contract and have the obligation to conclude the contract.The appointment system can be traced back to the Roman period,although at the time it only applied to identity contracts.In modern times,the appointment system has been gradually developed.Both the civil law countries and the Anglo-American law countries have more detailed regulations.The appointment contract is more and more widely used in China.In general,reservation contract disputes are more reflected in the real estate market,but they are gradually applied to graduates' employment,medical treatment,leasing,and lending.The practice of booking contracts precedes the theory.Reservation contracts are not clearly defined in the contract law of our country.In 2012,the Supreme People's Court promulgated Article 2 of the“Explanation on the Application of Legal Issues Concerning the Trial of Cases Concerning the Sale of Purchase Contracts," which was considered as the first time an appointment contract had been officially certified at the level of substantive law.The dispute resolution of the appointment contract runs through four levels,and the first level is how to determine the appointment contract.The second level is the validity after the confirmation of the appointment contract(i.e.the legally binding force on both parties);The third level shall bear the liability for breach of contract when the parties violate the binding effect.The fourth level is the way and scope of liability for breach of contract.These four levels are connected before and after,and the fourth level of the second level is the core area of current practice research.This paper is an empirical research method based on case study and group case analysis,supplemented by quantitative data analysis.To 5 communique and 10 cases of typical cases as the research object,and find out the commonness of each decision through analyzing the results of case facts and the trial,summed up four types of fact architecture,and analyzes each fact structure type that corresponds to the path.Put forward in terms of appointment and Ben about that to make an appointment to the meaning of the main body of the contracting parties in the future,and in combination with contract content to determine the complete degree,if an appointment no longer discuss pending matters,so should be regarded as the covenant.The validity of the reservation is to negotiate until the formal agreement is concluded.The agreed items are binding on the consultation,but once the contract is signed,the function of the appointment will be terminated.In violation of the reservation will result in liability for breach of contract,than reading about the opportunities in the contracting fault liability interest to compensate losses range,specific combination of reservation deposit penalty,liquidated damages agreed to implement,at the same time reference booking reservation intention of the creditor has paid gold(or about the contract price)of total contract price weigh up the reliance interest loss.The mandatory performance of reservation support is limited to the integrity of the consultation to the contracting parties.It cannot simply force the contracting parties,nor can they make a direct appeal to the appointment to enforce the content of this contract.