关于合同成立的问题——兼谈预约的含义和法律后果

A Discussion on Tenability of a Contract ——with Addition of the Meaning of Appointment and Its Legal Consequence

文章从一则案例出发,对与本案相关的合同预约问题作出了探讨。本文认为,预约应是旨在订立本约的合同形态。预约对信赖利益的保护可以通过强制缔约实现,即预约独有的法律功能就在于,通过强制缔约使无过错当事人的信赖利益延伸至履行利益,从而形成缔约阶段信赖利益保护的多样化和体系化。

Proceeding with a legal case, the paper discusses appointment problems of contract concerned with that case.The paper considers that may aim at constructing the formation of contract appointment.It can realize to protect the trusty interest with appointment by way of forced contracting,in other words,the unique legal function of appointment lies in that,to extend the trusty interest of innocent party up to fulfile his cnterest by means of forced contracting,so as to form varied and systematic trusty interest protecting during contracting period.