Research On Reserved Contract

In today's economic globalization,the economy is developing very rapidly,and the forms of transactions also present multiple modes.Every trading entity is looking for the best form of trading and seeking to maximize the benefits.With regard to the rapid development of the economy and changes in the form of transactions,if the appointment contract is enacted,then it will better cope with the development of the market economy.The appointment contract is not clearly stipulated in the legislation of our country,and thus the problem that the transaction subject in the market appears similar to the appointment contract cannot be solved by law.In order to solve this problem,this paper studies the theory of appointment contracts at home and abroad,and then puts forward some suggestions on the theory of appointment contracts suitable for China's national conditions.In addition to the introduction,this article is divided into four parts.The first part starts with the characteristics of the appointment contract,defines the appointment contract according to the civil law and the Anglo-American law,and defines the concept of the appointment contract after contacting the current national conditions of China.Secondly,after comparing the appointment contract with the relevant legal concepts,it is concluded that the appointment contract is an independent contract.Finally,the theoretical basis and institutional value are expounded,and the basis of its existence is explained.The second part is the establishment of the appointment contract.There are two elements in this section,which are the substantive and formal elements.The essential elements have three main parts: the main element,the meaning element and the content element.The formal elements have three theories,namely,“the essentials”,“the non-essential”,and “consistent with this contract”.The style is more conducive to protecting the parties to the appointment,and the two parties are more cautious in signing the contract.On the one hand,it saves judicial resources,and on the other hand,it promotes the realization of economic goals.The third part is the validity of the appointment contract.This section includes the different doctrines of the effectiveness of the appointment and the obligations of both parties to the appointment.The effectiveness of the appointment has five doctrines: “need to negotiate,” “should be contracted,” “content is determined,” “considered as the covenant,”and “the combination of subjective and objective”.It is preferable to combine the two parties to make an appointment.If there is an agreement on the validity of the appointment,it will be handled according to the agreement;if it is not agreed,it will be determined according to the completeness of the content.After the two parties to the contract have signed an appointment contract,they shall be bound,and shall have the obligation to continue negotiations,fair negotiation obligations,and information disclosure obligations related to the transaction.The fourth part is the liability for breach of contract for the appointment of the contract.Firstly,the liability for breach of contract was determined,and then the way of accepting the liability for breach of contract was introduced.The determination of the liability for breach of contract includes the principle of liability for the appointment of breach of contract and the difference between the liability for breach of contract and the liability for negligence.After analyzing the imputation principle of the liability for breach of contract,the conclusion that the principle of liability for breach of contract is also applicable to the principle of strict liability is also applied.The difference between the two concepts of the liability for breach of contract and the liability for breach of contract is analyzed.The difference between the two legal responsibilities.There are four ways to undertake the contract breach of contract liability:compulsory performance,damages,deposits,and liquidated damages.After analyzing the four types of liability methods,it is concluded that the appointment is subject to mandatory enforcement,and should be based on the validity and content of the appointment.The degree of completeness is analyzed;the reliance interest in the liability for damages is more desirable in practice;the method of deposit liability neutrality and the breach of the agreement are more reasonable;the liability for liability for breach of contract should be based on whether the parties have agreed in advance Liquidated damages are used to classify and discuss.