Study On The Validity Of The Appointment Contract And The Legal Problem Of Breach Of Contract

With the development of society,in order to maximize economic benefits,improve transaction efficiency,and stabilize trading opportunities,people have created a new transaction model reservation contract in practice.Appointment contract is a wisdom crystallization of people’s pursuit of high efficiency and transaction stability.Nowadays,it is widely existing in the economic field,especially in the real estate market.The new contract model of appointment contract in theory compensates for the blankness of the contract law,enriches and improves the content of the contract law,improves the probability of conclusion of the contract in practice,and saves time for the engagement of the contract.It has important theoretical and practical significance..The widespread application of appointment contracts inevitably creates disputes,but unfortunately our country’s existing legislative system merely recognizes the special contractual status of reservation contracts,applicable deposit penalties,and the scope of appointments and this contract.However,there is no further definition of the connotation,recognition criteria,effectiveness,and breach of contract of the appointment contract.At the same time,the theoretical circle is also divided about this aspect,and there is no unified theory point of view.Judicial practice has neither legislation nor theory for reference and guidance,and it inevitably leads to chaos.Judging from the judicial cases in recent years,appointment contract disputes are mostly focused on the identification of legal effects and the relief of breach of contract.Therefore,based on the urgency of theory and reality,it is imperative to study the effectiveness of appointment contracts and breach of contract.The main body of this article is the following four parts:The first part is the question.The reservation contract has less relevant legislation in China,especially regarding its effectiveness and breach of contract remedy.It can only refer to the applicable contract law or learn from the theoretical point of view.There are confusions in the judiciary with respect to the criteria for determining the appointment contract,the effectiveness,and the penalties for the deposit.There is no systematic legislation in legislation,so studying the appointment contract has realistic urgency.The second part is the basic theory of appointment contract.Compare appointment contracts with this agreement,letters of intent,subscriptions,deadlines,and conditional contracts,and define the meaning of contractual appointments as a contract for concluding a contract within a certain period of time or performing a contractual obligation to conclude the contract.Explain that the appointment of a sales contract,the appointment of an insurance contract,and the appointment of a consumer loan contract elaborate on the extension of the reservation contract.The establishment of an appointment contract requires not only the agreement between the parties of the contract but also the content does not contain the main terms of the contract.The legal nature of the appointment contract supports the independent contract that states its independent contractual status.The third part is the effectiveness of the appointment contract.The effectiveness of appointment contracts mainly includes the three main theories of "necessity to negotiate," "should contract to speak," and "determination of content." Each doctrine has its own value,basis,and limitations,limiting the effectiveness of appointment contracts to only One kind of doctrine is inevitably biased in dealing with judicial practice,and different doctrines should be applied in different situations.Considering the purpose of the reservation contract,the details of the contract,the number of clauses involved in the contract,and the autonomy factors of the parties involved in the contract,the negotiation or contracting effect shall be applied in each case in order to maximize the contractual purposes and maintain the transaction security.The fourth part is the confirmation and remedy for breach of contract.The nature of the liability for breach of appointment contract is breach of contract rather than contracting fault.From the effect of negotiation or contracting,define different standards of breach of validity.Based on the general remedy of contract breach and the special nature of the appointment contract,the contract remedy for the appointment contract will be described in terms of continuous performance,damages,rescission,and deposit,in order to deal with judicial practice.