| The litigation of precontract is the type of dispute that arises from the breach of a precontract,This article combines the theory of substantive law with the principles of civil litigation to explore the substantive and procedural issues related to the the litigation of pecontract.This article first analyzes the basic issues in the substantive field,such as the nature and identification of the pecontract,the distinction between types of pecontracts and the choice of validity,from the substantive theory related to the pecontract.On this basis,this article also clarifies the issue of remedy for breach of pecontract and clarifies the remedy for breach of pecontract.China’s current legislation does not clarify whether the continued performance as a remedy for breach of contract of precontract.Previously,academic theory has favored damages as the primary remedy for breach of precontract.However,the Civil Enforcement Law(Draft)introduces new provisions on the enforcement of meaningful expressions in the section on the enforcement of conduct claims,this provides a new space for admitting the remedy of breach of contract for continuing performance in the field of pecontract.For the remedy of breach of precontract,attention should also be paid to the procedural convergence of its judicial remedy stage.In the discussion of the procedure of the pecontract lawsuit,by searching for pecontract cases and analyzing litigation claims,combined with the main remedies for breach of precontract,I have made a typology of pecontract lawsuits in practice.On this basis,this article is on the path of the claim for damages for the pecontract and the claim for the continuation of the precontract,focused on the analysis of the main relevant procedural convergence issues such as the request and proof of damages for available benefits,the effect and enforcement of the continuation of the judgment.Ultimately,I hope to provide fuller procedural safeguards for the good functioning of the pecontract system. |
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