Research On The Legal Effect Of The Precontract

Precontract is an appointment contract which both sides agreed to conclude the following contract about the future and to enter into a contract. both sides in the contract because of the reason of law or in fact can’t enter into the contract about, but they don’t want to miss the opportunity, so concluding a contract in advance which can ensure to sign the final contract is a legal binding for the parties. The regulation of our legislation is just a judicial interpretation about the sales contract, precontract and a real contract have frequent chaos in the practice, Different courts apply different standards can make the same cases produce different results. the paper basing on this put forward my thinking about how to perfect the legal effect of the precontract.The paper study the precontract from the following several aspects: The first chapter of this article is the basic theory, including the concepts of the precontract, the relevant concepts, the classification and the legislation and the research status at home and abroad, this part of the key research is to distinguish the precontract and a real contract how to replay in the case; The second part is to make precontract to the effectiveness, including the foundation, the validity of the effect of the content and implementation way, this part also began to research topic of the paper; The third part is about the contract liability, including the specific performance of contract, breach of contract damages and to cancel, this part is based on the research to study both sides responsibility; The fourth part is about how to perfect the contract law putting forward some thinking, including perfecting the legislation of civil law and its judicial interpretation, hierarchical precontract, and flexible choice of the effect of the precontract, this part is the point of view of the author about applying law in the case; The final conclusion gives the summaries, keeping the article a completing system.