Research On The Application Of Liability For Appointment Contract

With the development of modern market economy,both parties to a transaction often undergo multiple negotiations and repeated confirmation before entering into a contract,rather than simply reaching a consensus through one negotiation.The parties involved in the transaction have created an appointment contract in order to fix the trading opportunities and ensure the expected transaction benefits of this agreement.Pre contract has been officially incorporated into the legislative system through the provisions of Article 495 of the Civil Code,and has become a type of contract recognized by law.However,there is currently a phenomenon of different judgments on the application of liability for breach of contract in academic circles,especially in judicial practice.There are still significant differences in judicial application,especially regarding the way of assuming liability for breach of contract and the determination of the scope of compensation for damages.The article uses empirical analysis and comparative research methods to study the liability for breach of contract in advance contracts.Firstly,clearly define the concept of liability for breach of contract in advance contracts,and discuss that this type of liability is different from contractual liability and contractual liability,and is an independent contractual liability.Secondly,by analyzing the differences in the application of liability for breach of contract in China’s judicial practice,it is summarized that there are three major differences: the determination of the validity of pre contract,whether mandatory performance is applicable,and the scope of compensation for breach of contract damages,and targeted evaluations are conducted.Then,through horizontal comparison,a detailed explanation and analysis of the pre contract and breach liability systems in the civil law system and the Anglo American law system were conducted.It was found that different legal systems have their own advantages,especially in the Anglo American law system,where a typological approach to the effectiveness of pre contract and breach liability can be used for reference.System.Finally,the article proposes that the necessary judicial interpretation should be carried out when applying Article 495 of the Civil Code.Appointment contracts should be divided into contracts with complete content and contracts with incomplete content.In a fully fledged pre contract,it has the effect of mandatory signing of this contract and is subject to the liability for breach of contract under mandatory contracting.Therefore,when determining the scope of compensation for damages,the performance interest should be the primary consideration factor;In an incomplete pre contract,the sincerity of the parties should be respected,and only the effect of compulsory negotiation should be generated.The liability for breach of contract should not be applied,and the scope of compensation for damages should also be limited to reliance interests.