| It is an unavoidable and important issue in theory and practice whether the liability for breach of contract of appointment can be applied to compulsory performance.However,the law only provides that the liability for breach of contract of appointment should be assumed in general terms,and fails to respond to the question whether the liability for breach of contract of appointment can be applied to compulsory performance,which causes continuous disputes in judicial practice.This paper starts with the analysis of the appointment clause itself,defines the constitutive elements of the establishment of the appointment contract as the party,the object and the period by means of theoretical research and case analysis,and draws a clear line between the appointment clause and the negotiation document and this contract.In view of the theoretical disputes on three kinds of validity of reservation contract and the practical disputes of judgment in the two selected regions,the focus of the summary question is whether the compulsory performance of the signing of the contract by reservation as a non-monetary debt violates the principles of autonomy of will and freedom of contract.Whether this article through to the selected 56 to apply specific performance for core dispute case studies,summed up the court to make an appointment contract dispute case applicable behind the dispute applicable to specific performance or not is the principle of good faith in civil law and the principle of voluntary game,and that the legal basis of our country not only has the specific performance an appointment and realistic operability,However,it should be applied conditionally in specific cases——only when the appointment has the certainty of the content of the contract,the obligee may request the conclusion of the contract by judgment instead of expression.To reduce to make an appointment in the judicial practice can be specific performance of the dispute,the effectiveness of the contract of appointment and need to form a unified recognition rules,so should perfect the laws and regulations,clear the booking in the law of the People’s Republic of China civil code constitutive requirements and legal effect,refine the judicial interpretation and add the form stipulated in the contract,to unify the judicial referee,Avoid the occurrence of different sentences in the same case. |
