An Analysis On Pre-contract And Liabilities For Breach Of It

With our social development,the role of pre-contract is becoming more and more important.However,our contract legislation about pre-contract isn't explicit,and the systematic study of it still isn't enough.Strengthening the research on pre-contract has significant meaning both for theory and reality that can help us identify the composition and the liability for breach of it to give it a due role in our social economic life.We are compiling our own Civil Code nowadays,the law of contract is an important part for it.It's an indispensable and urgent work that add the clauses of pre-contract system to improve our legal rules.It's vital to clarify the relationship between pre-contract and contract for delineating the distinction among pre-contract and other contractual activities in the pedigree of contract which is a conundrum both for practice and theory.The regulations of our legal norms try to give some analogue types,but whether these norms are scientific still remain to be examined.The legitimacy of existence determines its meaning,the understandings about the scope of application develop various modes of pre-contract's system,both of them are important for judicial practice.Besides,as one of an advance-agreements,the disparities between pre-contract and letters of intent,heads of agreements,gentleman's agreements or liability for contracting are also important.The debate about the constitutive factors of pre-contract has been long in the academic circle.Whether the parties have the will of restraint and the strength of this willingness is the core factor that determines the existence of the appointment and the intensity of pre-contract's effect.The pre-contract should at least have the meaning of a future subscription.On the basis of distinguishing the internal level of pre-contract,it should be considered that different levels of pre-contract have different requirements for its content.In addition,the expiration date of pre-contract and its formal requirements also have an important impact on its act of law.These elements constitute the skeleton of pre-contract.The legal liability for the breach of pre-contract is closely related to its act of law.Traditional theories focus on finding the elements' correspondence in the logic of'conception-legal validity-liability',this is one of the important reasons for the disconnection between theory and practice.Therefore,it is necessary to deconstruct the traditional theory to soften the effect of pre-contract by taking the parties'true intention as the core.The liability for breach pre-contract is different from the liability for breach contract obviously.Actual performance or continuing performance has two meanings:the first meaning is the actual performance of the pre-contract's obligation,on the other hand,it may relates to the actual performance of the contractual obligation that the pre-contract points to.Both of these are possible in pre-contract,so it's necessary to discuss them separately.The scope of damages in the breach for pre-contract is also specific,the strength of the parties'will of restraint is likely to be the core standard of it.Based on the theory to prove the above problems,trying to abstract some points from judicial practice to construct a typical sequence of pre-contract,reconstructing the content of pre-contract for its legal effect and liability,and to feed back the practice.