The Research On Precontract

The pre contract is a debt contract; the parties have agreed to enter into thiscovenant bilaterally.Due to Jure or de facto reasons, the parties cannot enter into contract. Precontract is the product of the development of trust principle. It ensures the partiesfixed trading opportunities in a complex economic environment and pre-arrangematters in order to carry out a planned allocation of resources.With the gradual development of the Chinese market transactions, transactionforms increasingly diverse and complex, pre contract enters deep into thesocio-economic activities. But so far, China’s has no explicit legislation on precontract and there`s different practice on this view, making pre contract applicationextremely confused. With the development of the trust principle, the existingContracting negligence liability and the contracting mode cannot completely solvethe problems existing in reality. I believe that to discuss pre contract is significant.This paper discusses the issues related to appointment in order to contribute to theresearch and legislation of pre contract.This paper consists of the following five sections:In the first section, beginning with its nature, pre contract is a debt contractthat`s different from general contract. This paper is based on the statement of "precontract is a contract." second; the discussion about independent value of precontract is why it’s necessary to introduce the pre contract legal system in legislation.pre contract has important theoretical and practical value. Pre contract has thephilosophy of autonomy, and is the product of the principle of good faith.The independent value of pre contract reflects in comparison of contracting,contracting negligence and traditional mode of "the offer-the commitment". Thepremises of pre contractual study are its own nature and it`s independent value,which are basis of the development of pre contractual legal system discussion.The second section analyzes the special problems of pre contract establishment and the obligations of the parties. As a kind of contract, the establishment andexecution of pre contract should be in conformity with general contract elements ofestablishment and execution. With regard to the particularity of the pre contract,special attention should be paid.Weather unilateral promises or single contract constitutes a pre contractinvolves its definition and whether these two types of behavior can be contained; Precontract established by the full capacity for civil conduct should be distinguishedfrom the general contract; The pre contract form is also different from the generalcontract;The scope of pre contract is related to whether the application should be limitedto specific areas; The definition of pre contract should have a time limit, the time ofperformance is an important issue of pre contract; Contents of "certainty" standard isthe description of what conditions should a pre contract contain.Special issues of pre contractual establishment affect the effectiveness,accountability and legislation choice of pre contract and also be an important part ofthe pre contractual legal system.When a pre contract is established and takes effect, what obligations it producesis key issue to build the system, this article detailed comparison and analysis ofconsultation obligations, contracting and duties and distinguished obligation andgives opinion that Contracting and Duties should be adopted, with its own applicableconditions.The effects of pre contract affect its accountability.The third section discusses the question of responsibility of the pre contract.The relationship between the liability for breach of pre contract and culpa incontrahendo is analyzed; and the criterion of liability, accountability and exemptionfrom liability for breach of pre contract are discussed. The pre contractual liabilityfor breach of exclusion of liability has its particularity.As for pre contractual breach of contract, responsibility principle, accountabilityand exclusion of liability are discussed. The attributive principle is no-fault liability.The breach of exclusion of liability of pre contract has its particularity. Bear onbreach of pre contract, to discuss the feasibility of practical implementation andapplication conditions. The convergence of established conventions and pre contractual payments system and appointment system is discussed. Discuss thenature of the deposit and liquidated damages, the applicable rules, functions and theactual performance of restrictions on the applicable order.The fourth section checks the status quo and visions the future of China’s precontractual legislation.One of the aims of the legal system study is legislative services and the role oflegal practice. The first three parts of discussed important problems with regard topre contract on the basis of this review the status of China’s legislative andlegislative outlook in a logical way.Our pre contractual legislation is not yet clear that legislation is needed to builda legal system.In this paper, Combined with the previous discussion in the first three chapters,we discussed the nature of pre contract, the content, scope, form of contract, the timelimit of performance, effectiveness, responsibility, choice of legislation of thelegislative outlook to contribute to the study and legislation of pre contract.Section V is the article’s conclusion; I once again clear the article point of viewand offer hope of pre contract.