Study On The Liability Of Precontract

With the rapid development of the market economy,market transactions are becoming more and more numerous.At the same time,precontracts are widely used and play an indispensable role.Regrettably,Chinese precontract system is not perfect,and it can be said that it has just entered the initial stage.Chinese Contract Law and Civil Law do not expressly stipulate the precontract,which is only mentioned in some judicial interpretations.The Judicial Interpretation of Commercial Housing Sale and Execution issued by the Supreme People's Court in 2003 and the Judicial Interpretation of Sale Contracts promulgated in 2012 are related to the precontract,but these are not sufficient to deal with a large number of complicated disputes arising in judicial practice.Therefore,the study of the liability for breach of contract has theoretical and practical significance.First of all,it introduces the typical case of the precontract breach and summarizes the focus of the dispute,which leads to the main problem to be studied in this paper,namely,the liability for breach of precontract.Secondly,it discusses the basic theories of the main issues to be studied in this paper,including the concept and characteristics of the precontract,and the legal effect.Thirdly,it summarizes and draws on relevant legislative experiences in Germany,Switzerland,and the United States.Finally,through the current situation of legislation in China,existing problems and foreign legislative experience,the author makes some suggestions.The research methods used in this paper are case analysis method,comparative analysis method and value analysis method.It uses these cases to enhance its readability and credibility,and combining the theory with the specific case can more effectively reflect the problems existing in the current legislation of China's precontract system.Through the different provisions in the representative countries of the civil law system and the Anglo-American legal system on the validity of the precontract and the responsibility for breach of contract,it judges the most reasonable legislative provisions,and provides legislative reference for the legislation related to the precontract in China.By analyzing the unique role of the precontract,it highlights its necessity and feasibility,and takes this opportunity to further discuss how to improve the relevant legislation of the precontract.