论预约合同

On Appointment Contract

预约是约定将来订立一定契约之契约,是当事人对未来交易的大致规划。理论上我国承认这个概念,但是对预约合同的相关法律问题缺乏明确、详尽的规定。立法的不完善导致了人们对于预约合同的界定、理论基础、制度价值以及违反预约合同的责任性质等诸多问题没有清晰的认识,使得预约合同纠纷的处理成为司法工作的难点。基于此,分析预约合同涉及的有关问题,以期推进预约合同制度理论与实务的发展。

Appointment is agreed future contract entered into certain contracts, the parties approximate planning for future trans- actions. In theory the concept of recognition, but for legal issues related to the contract appointment of the lack of clear and de- tailed provisions. Imperfect legislation, leading to the definition of people for appointment contracts, theoretical foundation, in- stitutional values and nature of the responsibility violation reservation contract and many other issues without a clear understand- ing of the processing contract disputes make an appointment to become judicial work difficult. Based on this, relevant issues are analyzed to promote the appointment contract system, the development of theory and practice.