The Study Of Precontract

Nowadays in the bargaining society, based on many differences in explaination about the concept of contract and much dissimilation on sorts of contracts in life, the property and efficacity parties conclude with unconstraint occur dispute in exoterica and practice. Precontract is a special acceptability made in the process of consultation bewteen parties. It is the kind of contract that parties promise beforehand to conclude contract in the future. It exists corresponding to real contract. Although they are homology in theory, their legal status isn't the same. Initially precontract is regulated in contracts such as business,debit and credit and consumption in exceptional countries, then along with perfection of the theory some countries regard it as equity with real contract,and regulate it in debt charpet. It is endowed in deed equal legal status with real contract,and it can be applicable in all contracts.Although every country has different legislations, original idea is the same,that is acknowledge on precontract in law. In China it is admitted in theory,but not regulated clearly in law. At the same time due to the study on precontract embeding inadequately, majority people know little about content and effectiveness of precontract. So it is necessary to regulate precontract in law to make related theory going perfect This passage tries to analyse legislations and related theories about precontract in some countries and regions,and brings forward my legislative opinion.This passage has four chapters:The first chapter is the general introduction of precontract. First,the writer begins with the concept of precontract, analyzing legal characters of precontract,and distinguishing the concepts between precontract and real contract,letter of intent, priority contract,contract with condition or time limited and so on. Next the forms of precontract exists three theories,that is ,the theories of principle without criterion, principle with criterion,and compromise. This passage agrees with compromise,which is based on particularity of precontract and limits the form of precontract. It thinks that the form of precontract should change with the nature and form of real contract in the future. At last, for avoiding to increase complexity of trade, precontract should be applied if real contract is with criterion. So not all contracts can have precontract in advance.The second part is theoretical principle and comparative jurisprudence study of precontract Precontract comes into existence based on the promise of parties. Its bargaining base and ascertain of trade realization depends on reliability of parties'action. So it needs support from principle of sincerity and credit,and guarantees on trust benefit due to principle of sincerity and credit. It still needs remedy step of culpa in contrahedo when some term is lack. In this part the writter combines moral criterion parties need to obey in the condition of market economy, explore law foundation on which precontract can exist, analyzes necessity that precontract exsits and combine legislation of other countries and regions to analyze legislation of precontract.The third part is content and effect of precontract. Precontract differs from real contract,so that the restriction of condition for contract coming into existence and inuring is different from real contract. The writer brings forward related legislation suggest on how to regulate precontract,from these aspects for precontract on its coming into exist,abalienate,term and effect.The fourth part is remedies for breach of precontract. The particularity of precontract lead difference of relief way for victim between precontract and real contract when one party offends precontract. This passage compares with real contract,analyzes the localization of relief victim can choose when parties disobey precontract, and excludes the apply of relief way for practically fulfillment. It only can be relieved by the way of money pay such as damage repay,earnest and money for breach of faith.