| Under the background of highly prosperous market economy and complex and changeable market transaction,the living space of reservation contract has been greatly expanded,especially in the field of commercial housing transaction.The promulgation of civil Code has made reservation contract a legal system,but there are still many disputes in legislation or practice.The reason is that the Civil Code only sets up the basic framework for the appointment contract system,and its provisions are relatively brief and general,leading to great differences in the trial thinking and judgment results of the disputes over the appointment contract for the sale of commercial housing in various places,and the academic circles in China have not formed a unified view on this.In view of the legislative and judicial problems existing in the field of booking contracts for commercial housing sales,it can be clearly defined as the identification standard of booking contracts for commercial housing sales with "the parties’ intention mainly and the contract content as supplementary".It can be solved by clarifying the legal effect of "contract should be concluded",clarifying the subject with the right to terminate the contract,clarifying that the damage compensation scope of the contract should not be limited to reliance interest and reasonable application of continuing performance according to the specific situation of the contract.We can also increase the guiding cases and unify the format text of the contract so as to break through the judicial dilemma of inconsistent legal application standards of the contract dispute. |
