Study On The Legal Effect Of Preliminary Agreement

Appointment,as a theoretical classification of contracts,comes into the legislator's field of vision with the emergence of a large number of judicial practices,but the current legislation does not make direct provisions on the appointment,validity judgment,and contract violations of appointment contracts.The gaps in legislation enable legal theorists and practitioners to make full use of legal methodologies to express their opinions,and the theory of the effectiveness of appointment contracts is in full bloom.This article takes the problems existing in the validity of appointment contracts in legislation and judicial practice in China as the starting point,based on the basic theory of contract law and the pursuit of value,and refers to extraterritorial theory and judicial practical experience,using a variety of research methods,such as comparative analysis methods,Empirical analysis methods,etc.,to make a specific analysis of the appointment contract's identification,validity judgment,and contract violations,with a view to providing reference dimensions and basic logic for the improvement of the appointment contract's effectiveness system.This article is based on the needs of writing.In addition to the introduction and conclusion,the body is divided into four parts:The first chapter sorts out the legislative issues and judicial dilemmas of appointment contracts.First of all,from the perspective of legal issues related to appointment contracts caused by unclear legal norms,the issue of the determination and validity of appointment contracts at the level of legislative norms is analyzed.Secondly,from the perspective of different judicial judgment standards,it analyzes the disputes and predicaments of contract confirmation,validity judgment,and contract violation in the judicial practice of appointment contracts.The second chapter analyzes the problem of determining the appointment contract.First of all,the basic theory of the appointment contract is briefly summarized.Secondly,the existing theoretical standards for the appointment contract are discussed,the deficiencies in the content certainty standard are analyzed,and the value of self-determination of contract law and the protection of trust and interest protection are pursued to explore the standard of restraint Reasonability,and reconstruct the criteria for determining the appointment contract.Finally analyze the marginal issues of appointment contract identification,point out the criteria for distinguishing appointments from this contract,and distinguish other contracts that are easily confused with them.Chapter 3 studies the issue of judgment of the validity of appointment contracts.On the one hand,it simply sorts out the traditional theoretical doctrines of the validity of appointment contracts,introduces the representative views and judicial decisions on the validity of appointment contracts in Germany and Taiwan,and analyzes the problems and dilemmas faced by the latest judicial precedents in China in recent years.On the other hand,put forward your own opinions on the principles and rules followed in the judgment of the validity of appointment contracts in China.First of all,the judgment of the validity of the appointment contract should follow the principle of priority of autonomy of intention.In the case of unclear expression of meaning,the true interpretation of both parties to the appointment contract subject is explored with the help of the method of meaning interpretation,appointment contracts give different legal effects.The fourth chapter analyzes the legal consequences of breach of the appointment contract.First,on the premise of acknowledging the validity of the mandatory contract of the appointment contract,demonstrate the continuation of the applicable prerequisites and the feasibility of the procedural law.Secondly,damage compensation is reflected in the appointment contract as a remedy for the inability to continue to perform,and its occurrence the right to claim,the type of damages and the scope of compensation.In the determination of the scope of compensation,based on the validity rules of the appointment contract,the violation of the appointment contract with different validity has different damage compensation scope,or the case is judged according to the loss of trust benefit or the loss of performance benefit.The conclusion part summarizes the three problems of the appointment contract and puts forward suggestions for the improvement of the validity system of the appointment contract.