Research On The Effectiveness And Breach Liability Of Appointment Contracts

Appointment is an agreement between the trading parties to enter into this agreement in the future,with the main function of fixing trading opportunities and encouraging transactions.In the continuous context of economic and social development,transactions have become increasingly complex,and appointment contracts play an important role in the success of civil and commercial transactions.Appointment contracts have been widely used in modern society,especially in the field of commercial housing sales,where pre-sale contracts for commercial housing are common.The provisions of the Civil Code of the People’s Republic of China promulgated in 2020 for the first time stipulated the reservation system in the code,affirming the function and value of the reservation contract,and also breaking through the second provision of the Interpretation on the Applicable Law Issues in the Trial of Sales Contract Dispute Cases,expanding the reservation system from the field of sales contracts to all contracts.However,relying solely on a single legal provision is clearly not enough to compensate for the differences in court rulings on pre contract disputes in practice.In practice,the effectiveness and liability for breach of contract in pre contract disputes are important focal points.Similarly,the theoretical community has diverse opinions on several legal issues related to the pre contract system,making it difficult to form a unified view.This paper uses comparative analysis,empirical analysis,legal interpretation and other methods.The article mainly has four parts,including the introduction,the identification of the precontract,validity and liability for breach of contract.This article,based on the definition and characteristics of pre contract,affirms the independent value of pre contract.It takes binding force and certainty as two dimensions,and adopts both subjective and objective interpretive standards to study and analyze the effectiveness of pre contract and the pre contract liability for breach of contract.To analyse the validity before the conclusion of the contract and assess the points at issue on the effectiveness of pre contract,namely the "must negotiate theory","should contract theory",and "content determination theory",this article returns to the basic principles of contract effectiveness,analyzes the specific obligations of pre contract,and categorizes pre contract types into "complete pre contract","subjective pending pre contract",and "minimum agreement contract" from the perspective of party autonomy and degree of trust,And it is believed that different types of contracts should adopt different contract effectiveness.The issue of liability for breach of contract in advance contracts.This article mainly discusses two types of liability for contract: performance and indemnification In terms of compulsory performance,analyze the controversial theories of "affirmative" and "negative" that apply to compulsory performance,and summarize the applicable conditions for compulsory performance of pre contract;In terms of compensation for damages,this article believes that the scope of compensation for damages for breach of an appointment contract should fluctuate between the performance benefits generated by comparing this agreement and the trust benefits generated comparing liability for fault and compensation for trust benefits damages cannot be higher than the corresponding performance benefits,with opportunity benefits as an auxiliary measure.Starting from the basic theories and principles of contracts,this article conducts research and exploration on the controversial issues of appointment contracts,hoping to contribute ideas and methods to the standardized construction of appointment systems,and maximize the functional value of appointment systems.