Research On The Liability For Breach Of Pre-contract

In the wave of economic globalization,in order to pursue transaction stability and security,market participants lock up trading opportunities in advance,and pre-contracts have a wider application space due to their unique advantages.However,the contract disputes caused by them have also caused academia and society extensive attention.Due to the complexity and particularity of the legal issues of pre-contracts,China's current legal provisions are not sufficient to deal with difficult disputes.Therefore,the study of the liability for breach of pre-contract can provide a solution for judicial rulings,so as to implement the legislative spirit of the Civil Code contract to regulate the transaction form and ensure transaction security.The full paper is divided into three parts: introduction,text and conclusion.The text is divided into five parts,including the following:The first part is the definition of pre-contract and its liability for breach of contract.First,define the concept of pre-contract and make it clear that pre-contract has the characteristics of independence,desirability,phase,duration,and dual purpose,so as to distinguish between pre-contract and this contract and letter of intent.Secondly,in view of the independent nature of pre-contract,the research focuses on the liability for breach of pre-contract,which is different from the liability for negligence with the contract and the liability for breach of contract.The second part is the legislation and judicial status of China's pre-contract breach liability.First,it analyzes the provisions of the current judicial interpretation of my country regarding the pre-contract,and combines the relevant provisions of the "Civil Code of the People's Republic of China" to raise the issue of lack of legislation.Secondly,sort out the cases of disputes over liability for contract breach in judicial practice,and analyze the data and ruling rules.According to the above status quo,it is found that there are three major problems: different standards for determining the validity of pre-contracts,inconsistent rules for the determination of liability for breach of contract,and differences in the way of liability for breach of contract.The third part is the validity of the pre-contract.The validity of pre-contract is the theoretical basis for studying the liability for breach of pre-contract.First of all,the core viewpoints of different theories on the validity of pre-contracts in academic circles are expounded.Secondly,through the evaluation and analysis of the existing doctrines,and the review of foreign legislative practice,the content of pre-contracts is used as the basis for the validity of type identification,which is reasonable,and the effectiveness of pre-contracts is divided into negotiation type and determine the conclusion of this contract type.The fourth part is the determination of the liability for breach of pre-contract.First,the principle of establishing the liability for breach of pre-contract is to adopt a dual-track system combining strict liability and fault liability.Secondly,discuss the type of contract appointment breach by type.The forms of breach of negotiation-type pre-contracts include failure to perform good faith consultation and inappropriate performance.The forms of breach of determining the conclusion of this contract type include refusal to perform this contract and inappropriate performance of pre-contract obligations.The fifth part is the way to bear the liability for breach of pre-contract.First of all,it is necessary to clarify the general method of bearing liability for breach of contract in our country's contract law,and then to describe the particularity of the method of bearing liability for breach of pre-contract.Secondly,it analyzes the theoretical controversy about whether the pre-contract can be enforced and the scope of damages.From the perspective of categorization,on the one hand,it analyzes the specific application of compulsory performance in the pre-contract,that is,the negotiation type pre-contract cannot be applied to compulsory performance,and determines that the contracting type is applicable to the compulsory performance;on the other hand,it analyzes the specific application of the liability for damages in the pre-contract,that is,the compensation limit of the negotiation type is a trust benefit,and the compensation limit of the contract type is the performance benefit,and the predictability rule applies to the compensation of performance benefits.As for other ways of bearing liability,the methods stipulated in the Contract Law,such as deposits,remedial measures,and liquidated damages,can be applied to pre-contracts.