Appointment Of Legal Protection

With the vigorous development of market economy, trading activity is increasingly frequent. The consciousness of the people through legal means to safeguard their own interests to strengthen gradually, in the real business, adopt the way of concluding the contract guarantee their legal rights and interests method has also been widely adopted, especially in the field of commercial housing sale. Prices rise ceaselessly, the increasing demand of "live", often need to be legally binding in the form of a firm’s own trading opportunities. Therefore, commodity house appointment contract arises at the historic moment. However, in the commodity house appointment contract was widely used in the trade at the same time, because of its properties to define vague, also caused some influence to the interests of the parties. Therefore, understanding of commodity house appointment contract, need to be more specific, to embody the value of it in market economic transactions.In market trading activities, make an appointment contract is a contract both sides to establish some agree on content of the contract, it clearly trading parties their respective rights and obligations, to protect their legal rights and interests, at the same time, the two sides are also free to negotiate, flexible adjustment. In this paper, through a specific case to lead to an appointment contract related issues, and. Showing that the connotation, characteristic, make an appointment contract legal effect and the boundary of the concept of distinction, and combined with China’s existing laws and regulations, of commodity house appointment contract qualitative analyses. Finally, through the combination of theory and case forms, in the case of the position.The first part by describing the specific case and the court of first instance verdict, and concludes the controversial focus of the case.The second part is case of controversial views, legal analysis. First expounds on the basic theory of appointment contract, mainly including the connotation of the appointment contract; Of the contract of appointment; Appointment contract features, including its noble integrity, the clarity of the preliminary, content and legally binding; Set up an appointment contract of the essential elements and booking the effectiveness of the contract theory, and interpret his point. Second, defining the concept of commodity house appointment contract and boundaries, to more accurately identify commodity house appointment contract. Main contract with booking of definition, commodity house booking contract and definition of the letter of intent, commodity house appointment contract and definition of commodity house opens to booking a contract. Then, in violation of an appointment contract, the essay discusses the legal responsibility, mainly for its liability form, the deposit liability, actual performance and damages were analyzed, and to show to violate the appointment contract legal responsibility. Finally, the current laws, regulations, provisions on appointment contract analysis understanding, through the correct understanding of the laws and regulations, to confirm the booking contract legal nature and legal effect, etc.The third parts analyze the case, combined with the theoretical analysis of legal court decisions. And then prove an appointment contract law and default responsibility.