预约合同制度探究

Analysis of Pre-Contract System

预约是相对于本约而言的,乃指当事人双方约定将来订立一定契约(本约)的契约,在实践中的运用却十分地广泛,但我国法律尤其是《合同法》未作规定。预约合同一旦成立生效即在当事人之间产生的一定法律拘束力。当事人未按照合同约定履行自己应尽的合同义务,则要承担相应的违约责任,受害方当事人则有权寻求法律救济。从性质上讲,预约责任不排斥实际履行、损害赔偿、违约金及定金罚则的适用。

A pre-contract, an agreement made by the concerned two parties for making a certain contract in future, is widely used in practice, although it is not stipulated in China＇ s contract Law. Once it is established and takes effect, it immediately bears certain legal restriction between the parties. One party that fails to perform its pre-contract obligation is to bear corresponding delinquent liability, and the injured party is entitled to seek legal aid. A pre-contract does not exclude in nature the application of real performance, damage compensation and penalty regulation of damages and deposit.