Primary Discussion Of Pre-contract

With rapid economic growth, a pre-contract has been widely used in practice for regular trading. However, under China law, there are no relevant provisions for a pre-contract. Therefore the parties involved in such a contract cannot be protected by Chinese law. This paper uses case studies and an induction comparative analysis, through a real case study leading to the problem. It then summarizes the views of existing research, an analysis of the deficiencies which puts forward views to eleven appointments that explain content, features, effects and legal liability. At the same time through these literature searches and citations using tracking tools and other methods to access pre-contracts from foreign sources, monographs, and comparing their similarities and differences between domestic scholarly researches, however valuable in content, combined with China’s national conditions in order to develop and appoint a unique contract system. This paper is divided into four parts:The first part is an overview of the contract appointment. Firstly, it introduces the practice in a real case, and then asks questions which leads to a "pre-contract". From its legal characteristics of the concept, it begins to analyze the elements of its establishment, effectiveness and context. It distinguishes the concept of an offer including outlying points, an invitation to accept and other additional conditions.The second part discusses the legal effect of a pre-contract.From an academic point of view, it is a comparative analysis of the following three perspectives:"must consult","the parties said to be", and "content of the decision said". It analyzes the pros and cons of these three perspectives, and then puts forward a view that "Parties should be said," and explains the point of view with reasoning.The third part is to introduce the responsibility of the breach of contract. It mainly discusses the following three issues:One, confirm whether the violation of breach of contract is applicable for enforcement. According to the principle of autonomy, it does not apply to enforce the conclusion. Two, clarify the damages applicable based on the scope of possible loss. Third, the down payment, being the nature of the deposit can be construed as a penalty, when a clear breach of terms arises. After discussions of related issues to the pre-contract, the article mentioned at the beginning of the case will be subject to analysis and comments.The fourth part is how to design regulations to define a pre-contract protocol. After introducing the current legislative situation in China, it is essential for the pre-contract to be a part of its legal system. Then the pre-contract will have a clear position within the law system which should be placed in the general part of the final legislation. Finally, the specific designs of the pre-contract laws can be a combination of foreign legislation.The conclusion is a brief summary of the full text, which reiterates the importance of pre-contract legislation.