Research On The Application Of The Liability For Breach Of Appointment Contract

Although the appointment contract is legally recognized as a contract,it is still in the contracting stage of this contract and is the product of the contracting stage.The remedy for breach of contract in an advance contract cannot be completely equal to the remedy for breach of contract in a general contract,and the only legal remedy that can be applied is to continue to perform and compensate for losses.Aiming at the problem of confusion in the judgment of the liability for breach of contract in the appointment contract,the settlement rules can be set by classifying the form and content of the appointment contract in practice.Classified in terms of content and effect,appointment contracts can be divided into rough appointment contracts,standard appointment contracts and detailed appointment contracts.In the appointment contract,it generally includes the obligation to conclude this contract and the obligation to negotiate under the principle of good faith.The obligation to negotiate in good faith is the obligation of every kind of appointment contract,and the obligation to conclude this contract is the obligation of the standard appointment contract and the detailed appointment contract.The rough appointment contract emphasizes the obligation of negotiation.Therefore,when determining the breach of contract,it should focus on whether the obligation to negotiate in good faith has been violated.With reference to the constituent elements of negligence liability for contracting,it is necessary to explore whether the breaching party has the intention to negotiate maliciously and conducts malicious negotiation.The conclusion of this contract is the obligation of the more mature standard appointment contracts and detailed appointment contracts.Therefore,when determining the liability for breach of contract in the appointment contract,whether the parties to the contract have reached this contract should be used as the determination of breach of contract.If the contract is not reached and there is no statutory or agreed excuse for liability,it shall be liable for breach of contract.Compulsory conclusion of a contract can be used as one of the ways of undertaking the liability for breach of contract in advance contracts,and it has its legitimacy and feasibility.Due to its simple content,the rough appointment contract lacks the most critical price clause that affects whether the contract is concluded,and this clause is deliberately reserved by both parties for subsequent negotiation.The general method of filling gaps in the contract should not be applied to this type of appointment contract,otherwise it will affect the true expression of the parties.Therefore,in the event of a breach of contract,the remedies for breach of contract should not be applied.Standard appointment contracts and detailed appointment contracts can use this relief method,but it should be noted that if both parties choose to cancel the appointment contract,it should be excluded from application,and it is subject to the restriction of Article 580 of the Civil Code of my country.The scope of compensation for the rough appointment contract is the loss of the non-observing party;the scope of compensation for the standard appointment contract is based on the lost interests,and the opportunity loss is compensated as appropriate;the detailed appointment contract should fully compensate the loss of the non-observing party.However,because of the essential difference between the appointment contract and this contract,the scope of compensation cannot be extended to the performance benefits of this contract.If both statutory compensation methods are applicable,then on the basis of respecting the autonomy of the parties,the compulsory performance method should be applied first.