The Study On The Determine Standard Of Pre-contract

Nowadays pre-contract is widely applied in market economic activities,especially in the real estate trade.At the same time pre-contract disputes are rising year by year.However,judges find no standard rules to follow and make different verdicts due to the lack of legislative provisions.This thesis will analyze related judgments through two types of research methods:case by case and case category.Also,by comparing pre-contract with other similar legal documents and drawing some rules from the comparative law,it attempts to determine a pre-contract by three elements:declaration of intention;content definiteness and determined future.First of all,the intention of entering into a contract had been declared clearly by both parties of pre-contract,which is the core element of determining the pre-contract.secondly,content integrity to some extent is necessary.Last but not least,the execution of contract has time limit.Only the criteria being matched,the agreement can be determined as a pre-contract.It is expected that one day law about pre-contract will be written in the Civil Code thus give the clear solution of pre-contract disputes.