Research On The Relationship Of Precontract And Contract

Precontract refers to a contract that stipulates a certain contract to be concluded in the future.Although in our country's legislation,precontract is only stipulated under the two specific transaction forms of commodity sales and Marine insurance,but in fact it has been widely used in all walks of life,and the theoretical and practical circles in our country also recognize it.Precontract have long been separated from the status of the appendages of this contract,as an independent contract type into the public view.However,the relationship between precontract and contract is not only "clear" each other simply and crudely,we must also carefully examine and analyze the actual relationship between precontract and contract,in order to correctly understand precontract and contract.After repeated deliberation,the main content of this paper is set to four chapters,which are respectively discussed as follows:The first chapter,for the appointment overview,the main points of its introduction,for the following content writing foreshadowing.Firstly,starting from the current interpretation of precontract at home and abroad,the purpose and object of precontract are clarified,and re-defines precontract.Secondly,it discusses the origin of the existence of contract,including the legal basis and practical value.Thirdly,according to the information at hand,it summarizes the five theoretical viewpoints of the relationship between precontract and contract.At last,investgate the precontract legislation of our country,and explains the basic position and understanding of relationship between precontract and contract in our country at the present stage.The second chapter discusses the distinction between precontract and contract.First of all,the precontract and contract are two independent contracts.Secondly,it explores the special requirements for the independent establishment of precontract,focusing on the content and form requirements for the establishment of precontract,and makes a comparative analysis of the letter of intent documents and the precontract todeepen understanding of this distinction.At last,this paper studies the distinction between precontract and contract,starting from the current confusion of precontract and contract,focusing on the demonstration of differentiation at theoretical and practice of qualitative.Chapter three explores the internal unity of precontract and contract.In the first part,precontract and contract will be combined to review,analyze the two-stage ladder contracting mode composed precontract and contract specifically,and explain the internal logic and the process of action.The second part,combining the theory and the related cases,to explore the effective state of precontract after the contract striked,specific arguments from two aspects:first,study the normal application of the precontract,and draw a normal conclusion that the validity of the termination;Second,pay close attention to this particular precontract application situation of the framework transaction,research the effective state of the framework contract after concluding the individual contracts,and draw a special conclusion that the frame contract is still valid.Chapter four discusses the external connection between precontract and contract.Firstly,the inevitability and the real connotation of the transition from precontract to this contract are clarified from the multi-aspect of precontract.Second,the specific analysis in accordance with precontract to conclude the contract this kind of transition mode,focusing on the cohesions of the content of the specific contract,detailed description of the absence of confirmed terms in this contract,the absence of the uncertain terms in this contract and the inconsist treatment of the same matter in precontract or contract;Finally,the specific analysis the transition mode in accordance with precontract to conclude the formed contract,and re-understanding and applying it in conjunction with the relevant laws.