Research On Precontract Legal Issues

The appointment reflects the freedom of contract in the real transaction.The parties can confirm the transaction opportunity through the appointment and delay the effective time of the formation of this contract,which plays an important role in some transactions with large amount or complicated contracting.Appointment in practice,especially in the field of commercial housing sales widely applicable,"commercial housing sales contract judicial interpretation" first made provisions for appointment;Judicial interpretation of sales contract recognizes the status of reservation in sales contract,which has also attracted the attention of scholars.The draft contract codification of the civil code also provides for appointment.However,the appointment system has not been established through a law,and scholars are also controversial about it.This paper intends to make a study on the obligations of appointment,the nature of the liability for breach of appointment and the way to bear the responsibility for breach of appointment.The obligations of an appointment vary depending on whether the necessary terms of this agreement are present in the appointment.If the appointment has only the necessary provisions of this agreement,then the obligation of the appointment is the contracting obligation;If the appointment has the necessary terms of this agreement and the terms to be negotiated are also agreed,the obligations of the appointment include the contracting obligations and the negotiating obligations;If an appointment does not have the necessary provisions of this agreement,the obligation to make an appointment is the obligation to negotiate.Because of the independence of the appointment,the breach of the appointment shall be held liable for the breach of the appointment.One of consultation obligation is an obligation to make an appointment,and make an appointment at the stage of contracting contract,in some cases,violation of booking will lead to booking the responsibility of breach of contract and contract of the contracting fault liability concurrence,in the mode of the default liability,the contracting obligations is not in violation of the principle of contract freedom and are nothing to do with personal force,can take the place of execution way continue to perform.There is no altermative to the obligation of consultation,and it cannot be applied to the continued performance.Loss compensation is an important way to bear the liability for breach of contract.Only under the appointment of the obligation to negotiate,the scope of compensation for loss is limited to the compensation for loss suffered.When there is a contracting obligation in the appointment,because the parties have a clear expectation for the conclusion of this agreement,the performance interest of the appointment is the conclusion of this agreement.In case the breaching party refuses to enter into this contract,it shall compensate the non-breaching party for any opportunity loss caused thereby.Damages are subject to foreseeable rules.