On The Validity Of The Reservation Contract And Its Liability For Breach Of Contract

Transaction is an important means to obtain economic benefits.Under the current economic environment,it is a common choice for market players to sign pre-contracts to gain market share.Although the arrival of the information age has provided us with more choices,on the other hand,it has also increased the instability of transactions.Especially in the contracting stage,even if the parties have reached an agreement on the conclusion of this contract,they may still lose the trading opportunity.Therefore,it has become the universal pursuit for the contracting parties to fix the trading opportunity and reduce the trading risk.In the process of economic development,countries around the world have made legal rules and regulations on pre-contracts.Although it is admitted in our country's judicial practice,there is still no clear legal basis for the determination of the pre-contract,the validity of the pre-contract and the legal liability to be borne for breach of the pre-contract.Therefore,in order to solve the actual needs of the parties and end the situation of judicial discrepancy,it is necessary to specify the pre-contract.The pre-contract is the contract in which the parties agree to sign the real contract.