On The Liability For Breach Of Reservation Contract

Reservation Contract bases on the mutual agreement of the contracting parties.As the product of the increasingly developed commodity economy,it has fixed trading opportunities,advance financing,reducing trading risks and other functions are applicable in the current market transactions extensive,prominent role,is an important tool to promote the development of commodity trade.It has a strong commitment,the content is relatively clear and relatively deterministic,which makes it from the letter of intent,memorandum and other documents that do not have corresponding legal binding force;should be included the meaning of entering into this agreement within a certain period,and the subject matter of the contract is the obligatory act of entering into this agreement;the level of negotiation arising from this contract section is the advance planning of future events,so it also has the characteristics of temporary and phased.Legal validity is the premise of determining liability for breach of contract,and the choice of validity mode of appointment contract will be directly decided the remedies for breach of reservation contract,"Ought to conclude a contract" can really reflect the significance of the existence of reservation system.It should unify the theoretical and practical disputes,restore the "rigidity" of the appointment system,and regard the consultation obligation as a supplement,assisting the realization of contractual obligations to ensure the conclusion and performance of this contract to the greatest extent.Regarding the assumption of liability for breach of reservation contract:there is room for legal application of continued performance,which should not be directly excluded.In practice,if the objective situation changes damage the contracting basis of the parties,the principle of situation change can be applied the balance and relief of the interests of the parties;since this agreement has not been established and the appointment is valid,the damages and the reliance interests of this agreement are equivalent,so the scope of damages shall be limited to the reliance interests of this agreement and shall be applied at the same time.The court should decide whether to support the litigants’ claim for opportunity benefit according to the specific circumstances of the case and considering relevant factors;the termination rule of contract can be naturally applicable under the principle of uniform application of contract law,and the parties can make a preliminary agreement.The reasons for termination of the contract are stipulated at the time of the contract,or the appointment can be terminated through negotiation afterwards;Liability for deposit and liquidated damages.As a product of the autonomy of the parties,it plays an important role in ensuring the smooth performance of the appointment,at the same time,the amount of deposit liability is not subject to "shall not exceed 20%of the amount of the main contract" restriction.The Civil Code has added relevant content about appointment contract in the general provisions of Contract,affirms the independent contract status and functional value of appointment,and further improves the contract law system of Our country.But at the same time because of the section general,expression of fuzzy,the legislation of the abstract makes the controversial problems in practice is still lack of the unified legal regulation,should be in the future by trimming or formulate supporting laws and regulations,shall be clear and to the problems including specification appointment contract and legal effect,the concept of definite appointment contract liability for breach of contract,unified judicial judgment yardstick,To further improve the appointment system,their legal effect is generally recognized and protected by the court.As for the remedies for breach of contract,the specific application path of continuing performance should be clarified in the future,and the scope of damages should be unified.