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An Empirical Study On The Effectiveness Of Appointment Contract And Liability For Breach Of Contract

Posted on:2020-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:W X XingFull Text:PDF
Abstract/Summary:PDF Full Text Request
The reservation contract is a contract that stipulates that a certain contract will be concluded in the future.Because of the factual or legal obstacles,the parties can not sign the contract for the time being.The two parties have begun to choose to make an reservation contract for the purpose of fixed trading opportunities.However,the legal appointment of the reservation contract is still unclear,and only two judicial interpretations provide for this.There are a large number of reservation contract disputes in real life,and the courts have different opinions on the trial.Therefore,it is of great practical significance to study and analyze the controversial issues in the reservation contract.The first part: This part mainly includes two aspects,one is the summary of the selection of referee cases in practice;the other is to analyze the case to get the problems in the practice of reservation contract disputes in practice.The second part: Mainly elaborates on the doctrine concerning the effectiveness of the reservation contract.On this basis,the application of each doctrine in practice is analyzed.The third part: This part mainly analyzes the problem of liability for breach of contract in the reservation contract,mainly analyzes the issue of continuing performance and damage compensation in the way of liability for breach of contract.As to whether the reservation contract can be applied to continue the implementation of the problem,the author believes that it should be classified and can not be generalized.The judgments with the continuation of the conditions shall continue to be performed.Others shall be analyzed according to the validity of the reservation contract.If the validity of the consultation is not applicable,the contract is effective,and the content is relatively complete,it shall be applied to continue to perform.The main controversy over the issue of damages is whether the scope of compensation includes the inclusion of opportunity benefits in the performance of interests and reliance interests.The fourth part: mainly thinking about the construction of the reservation contract system.Because of the legislative gap,it is recommended to add the contents of the reservation contract system to the contract law.And play the role of judicialinterpretation to make up for the deficiencies of the law.Then it is recommended to develop a standardized reservation contract text.Finally,it is recommended to continue to play the role of guiding cases and guide the trials of local courts at all levels.
Keywords/Search Tags:reservation contract, reservation contract validity, continue to perform, compensation for damages
PDF Full Text Request
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