Appointment And Their Effectiveness Research

Precontract is a contract which stipulates that the relevant parties shouldnegotiate for signing a real contract. Precontract signed during the negotiation is muchmore uncertainty compared with other common contracts. This article firstly discussesthe concept, legal quality, classification and legal requirements of precontract, andthen makes a comprehensive study of legal effect and liabilities of p precontract.This article contains five parts mainly:Preface makes an introduction of precontract's social importance concisely.Precontract is an important mean of governing the bargaining process of the twoparties. This phenomenon is the response of contract law to the social actual dealings.The first part analyzes the concept, legal quality, classification of precontract.The origin of precontract and the relation between precontract and the real contract.The second part studies the special legal requirements of precontract. Because ofthe uncertainty of precontract, the two parties,the form and the content of the contractshould meet the special requirements. All these requirements provide a standard toconsider weather a precontract formed or not.The third part deliberates the effect of precontract. Autonomy of the will is thesource of precontract's effect. In order to maintain the reliance, the parties shouldperform the precontract in good faith. In Anglo-American law system, promissoryestoppel admits the effect of precontract. Then the following part classifies theobligation of the two parties.The forth part discusses the breach of precontract and the liabilities of breach theprecontract. The content involves the relation between precontract and culpa incontrahendo (germen);the reasons of adopting the doctrine of liability for wrongs;andavailable remedies concerned with different degree of certainty of the precontract.The fifth part is the conclusion of the article, makes a general review of thewhole article.