A Study On The Legal Effectiveness And Liability Determination Of Sale And Purchase Appointment Contracts

Since the 19 th CPC National Congress,China has entered a stage of comprehensively deepening reforms,and the market has played a decisive role in the allocation of resources.Facing the rapidly changing market environment,the traditional contract model can no longer meet the ever-changing transaction methods and transaction needs.In recent years,the types of appointment contracts for purchase and sale,which have appeared in the form of memoranda,letters of intent,subscriptions,etc.,have entered people’s horizons and have played an increasingly important role in people’s daily transactions.Facing the emergence of the sales appointment contract,China’s "Contract Law" does not make corresponding provisions.In 2012,Article 2 of the "Interpretation of the Supreme People’s Court on the Application of Legal Issues in the Trial of Cases Concerning Sale and Purchase Contract Disputes" clearly stipulated this type of contract,which to a certain extent filled the legislative gap.However,there are no specific regulations on how to determine its nature,legal validity,and liability.Under such legal status,the parties lack clear legal guidance and risk mitigation measures when conducting related transactions.The failure to form a uniform trial standard in the case led to the emergence of many problems and severely affected the authority and credibility of the law.Therefore,it is necessary to conduct in-depth analysis and discussion on many controversial issues,in order to find a reasonable method to solve the related issues,and provide a strong theoretical support for the formation of a unified trial path for judicial judgments in the practical field.This article starts with three related cases,analyzes the reasons for the disputes in the case or different judgments in the same case,and uses the related cases to propose specific problems in the nature of the sale appointment contract,legal validity,and liability.Then the author will An in-depth analysis of these three issues.First,by comparing the types of confusing contracts,such as the contract for sale and purchase,and this contract,it is pointed out how to identify the contract for sale.Secondly,by analyzing and evaluating the disputes in the legal validity of the sales appointment contract in the theoretical world,a reasonable method for analyzing the type of validity of the sales appointment contract is proposed,and it is pointed out whether the principle of change of situation can be applied to the sales appointment contract.In the end,the author focused on investigating the liability for breach of contract in the sale and purchase reservation contract.On the basis of clear breach determination,he investigated whether it can apply mandatory performance,the scope of damages,and the application of deposits and breach of contract.Throughout the full text,the author finds the disputes of the problem by comparing and analyzing different academic viewpoints in the theoretical world,and explores different trial paths through the summary analysis of relevant types of judgment cases in the practical world.Based on the combination of theory and practice,I strive to find a reasonable The methods of identification and relief methods have contributed to the increasing unification of trial standards.