| A precontract is a deed to enter into this agreement in the future.In recent years,precontract has been widely used in the field of commercial housing sales and so on.People use reservation contract to fix the transaction opportunity in the fleeting economic activity and promote the conclusion of this contract within a certain period of time.However,the legislation on reservation contract in China is not perfect,and there is no unified judgment standard in judicial practice.There are many cases of different judgments in the same case,which is not conducive to maintaining stable social order and legal authority.In 2012 the supreme people’s court of the business contract judicial interpretation,the legislation for the first time acknowledged the appointment contract this contract form,determine the concept of precontract and make an appointment for responsibility of breach of contract,but for an appointment contract established condition,efficacy,and core issues such as liability for breach of contract was not made specific provision,far cannot satisfy the need of practice,does not provide a clear direction for the judicial practice,different connection with the given phenomenon still exists,increasingly fierce academic discussion about appointment contract,each view,flowers schools of thought contend,failed to reach a consensus.Therefore,this paper also discusses the core issues of precontract,hoping to make some contributions to the improvement of precontract system in China.is a deed to enter into this agreement in the future.In recent years,precontract has been widely used in the field of commercial housing sales and so on.People use precontract to fix the transaction opportunity in the fleeting economic activity and promote the conclusion of this contract within a certain period of time.However,the legislation on precontract in China is not perfect,and there is no unified judgment standard in judicial practice.There are many cases of different judgments in the same case,which is not conducive to maintaining stable social order and legal authority.In2012 the supreme people’s court of the business contract judicial interpretation,the legislation for the first time acknowledged the precontract t this contract form,determine the concept of appointment contract and make an appointment for responsibility of breach of contract,but for an precontract established condition,efficacy,and core issues such as liability for breach of contract was not made specific provision,far cannot satisfy the need of practice,does not provide a clear direction for the judicial practice,different connection with the given phenomenon still exists,increasingly fierce academic discussion about precontract,each view,flowers schools of thought contend,failed to reach a consensus.Therefore,this paper also discusses the core issues of precontract,hoping to make some contributions to the improvement of precontract system in China. |
