On Reservation Contract = On Reservation Contract

다국어 초록 (Multilingual Abstract)

Contract law stipulates the system of sales contract with 46 articles, but these are difficult to solve the complexity and diversity of business contract relationship and the problems that come from the change of market transactions. The pre-contract originated from the traditional consensual contract, the content of the contract is to avoid the other party withdraw intention at will and damage the interests of the other party`s trust. Based on the freedom of contract, pre-contract can be applied to acceptance contract, so as to make the market transactions more flexible. Pre-contract is a consensus in order to make a contract in the future and play a key role in the fierce market competition to stable trading opportunities. Although article 4 and article 5 of the judicial interpretation of commercial housing sales contracts issued in 2003 involves the pre-contract, the content is about the deposit penalty rules and it is not regarded as a complete contract. Article 2 of the judicial interpretation of the contract of sale issued in 2012 identified subscription book, order book, letters of intent, memorandum, etc as pre-contract. If a person does not fulfill its obligation of entering into a sales contract in the future, he should bear the corresponding liability for breach of contract. Article 2 of the judicial interpretation of the contract of sale has important implications for recognition of pre-contract and its effectiveness. However, there is still a too general question in the specific operation on the cognizance of the border of pre-contract and liability for breach of contract. When decide whether to make a pre-contract as the contract, with the content of the standard cannot accurately define pre-contract scope. The key of pre-contract is to conclude the following contract about the contracting intent in the future. Since the pre-contract is an independent contract, it should be different from real contract and the contract with condition as well as subscription book and letters of intent. The party has the obligation of good faith consultations to enter into a contract. While this kind of good faith consultations does not produce the contracting fault liability, it is the premise of the liability for breach of contract obligation. Comparing with must consultation, should conclude a treaty and content decided to say, as well as referring to the form of responsibility of the liability for breach of contract, in violation of the pre-contract produces independent right of claim the same as violating the real contract, which can request a forced default continues to perform. If the losses due to the loss of trading opportunities, you can request for damages, deposit or liquidated damages to constrain the parties concerned.

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