A Study On The Legal Issues Of Relief For Breach Of Contract By Appointment

A reservation is an agreement between two parties to conclude a contract at a specific time in the future.In my country,the practice of appointment precedes the theory.As appointment contracts are often used in daily trading activities,many cases are inextricably linked with appointments.For this reason,many scholars gradually pay attention to the study of appointment contracts.But at present,in terms of theory,there is no unified view on the theory of reservation contract,so it needs to be further studied in theory.Furthermore,in my country’s judicial practice,reservation contracts are used in many commercial transactions,such as house sales and large-scale material purchases.Due to the lack of research on the reservation contract system in my country and the lack of a sound legal system,there have been many disputes related to reservations in practice,and these disputes cannot be well resolved.Based on this,in order to better resolve the reservation contract in The disputes brought about in practice deserve further in-depth study and discussion.The relevant provisions of the reservation contract first appeared in the judicial interpretation to resolve disputes arising from the sale of commercial housing.In the newly promulgated "Civil Code",the appointment contract is included,and its status has risen from judicial interpretation to laws and regulations,which reflects the importance attached to appointment in the law in our country.But the problem is that the relevant theoretical provisions on appointments in the Civil Code,such as validity determination and liability for breach of contract,are still relatively vague,so that in judicial practice,there are many differences in the judgment of appointment contract disputes.judgment situation.This largely restricts the practical application of reservation contracts.Therefore,it is very necessary to study the relevant theories of remedies for breach of contract in advance contracts.In the writing of this article,by collecting typical cases of appointment contract disputes in judicial practice,these cases are classified,sorted and analyzed,and then the focus of disputes over appointments is mainly in the following aspects,namely the identification of appointments,the validity of appointments and its liability for breach of contract.In terms of writing ideas,this paper firstly expounds the related concepts of the reservation contract and its liability for breach of contract;secondly,it analyzes the mainstream theories on its validity and liability for breach of contract in the academic world,and through the analysis of practical cases,summarizes its existence in the field of legislation and judicial application.Finally,put forward feasible suggestions for the problem.This paper focuses on the analysis and discussion of the validity of the reservation contract and its liability for breach of contract.The main point of this paper is: when determining the validity of a reservation contract,the real will of the parties should be considered first,and the principle of autonomy of will should be followed.The content of the contract is reviewed to determine whether the two parties have reached an agreement to sign this contract within a certain period of time in the future.In terms of liability for breach of contract,the question of whether compulsory performance can be applied depends on the specific circumstances and cannot be generalized.That is,if the reservation has the effect of "should make a contract",compulsory performance can be applied.If the reservation has the effect of "necessary negotiation",compulsory performance cannot be applied,and the other party can only be required to compensate for the loss;the scope of compensation for breach of contract cannot be generalized,shall be determined according to the validity of the appointment.If it has the effect of "should make a contract",it should be limited to the interest of performance;if it has the effect of "necessary to negotiate",it should be limited to the interest of reliance.