Research On The Responsibilities Of Breach Of The Precontract

Precontract as a kind of independent contract,the General Principles of Civil Law and Contract Law in China have not made a clear stipulation on the legal system of precontract.But the related judicial interpretation in Interpretation of the Supreme People's Court on the Relevant Issues concerning the Application of Law for Trying Cases on Dispute over Contract for the Sale of Commodity Houses and article 4 of Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts have referred to it.But the provisions of two judicial interpretation are too general,and they are not make a clear stipulation on force of law and ways to bear liability for damage of precontract in China(especially whether applicable to continue to perform as well as the affirmation of scope of liability for damage),leading to the situation that different sentences of different cases in judicial practice.Therefore,this thesis analyzes and explores force of law and liability for damage of precontract,finds existing problems,study and draw lessons from extraterritorial legal system at the same time,finally,puts forward some suggestions to perfect Liability for breach of contract system of precontract in China.In this paper,the author regards "ought to conclude the contract" as the force of law of the precontract,and on this basis to affirm that "continuing to perform" is a way to bear liability for damage of percontract,and denies that the loss of available benefits should be included in the cope of liability for damage of percontract.