Research On Legal Issues Of Precontract

The independent status of the precontract has been clarified,which gives the theoretical circle and judicial practice a clear direction and a considerable space for argumentation.To understand the concept of a precontract,it is not only necessary to start from the perspective of legal norms,but also to understand the existence of a precontract on the basis of distinguishing the similar concepts such as this contract,option contract,conditional contract and letter of unique meaning.Before deciding on a dispute case for a precontract,a preliminary judgment on the precontract should be made first.At this time,it should be noted that the subscription book,the order book and the reservation book listed by the legislator in the concept of the precontract are actually common forms of the precontract,and should not be used as a standard when judging the precontract.The standard for determining a precontract should be the expression of the parties’ will and the obligation to sign the contract agreed in the precontract,which is also the conclusion drawn from a thorough understanding of the precontract.As for the degree of certainty and completeness of the content of the precontract,it is a problem related to the breach of contract relief of the precontract,not a problem that should be considered in the determination standard.On the basis of studying the three theories related to the validity of the precontract,it is determined that the general validity rule of the precontract should be the first application of the principle of autonomy of will.At this time,the effect of good faith consultation shall be deemed to have occurred.Secondly,when it is impossible to specifically confirm the intention of the parties,the method of determining the degree of content,the party’s own behavior and commercial transaction practices should be combined to make a reasonable inference as to what effect should take place.If the parties violate the obligation of signing this contract in the precontract,the party’s claim for damages shall be supported,and the claim of compulsorily signing this contract shall not be supported.In addition,the liability for damages in the precontract does not conflict with liability types such as deposits.As for the scope of damages,it should be the scope of the parties’ reliance interests,and the specific calculation method should be determined according to the negotiation of the necessary clauses that should be included in the contract in the content of the precontract,and ultimately cannot exceed the interest of performance.In some reservation contract disputes,the parties may also choose to claim the liability for negligence in the conclusion of this contract,but this cannot be confused with the liability for breach of the precontract.On the whole,the breach of contract claimed based on the precontract can regulate the negotiation behavior before signing the contract to a greater extent.