预约若干法律问题探析

预约是与本约相对应的,其本身具有合同的拘束力,对于本约的达成更有重要的促成作用.然而我国法律并未明文规定预约以及违反预约的责任,使实践中大量存在的预约合同游离于法律之外,解决预约纠纷也往往无法可循.我国立法应补充预约的规定,将其纳入合同法的调整范围,从而使当事人在订立合同过程中各个阶段的利益得到保护,最大限度地实现当事人的意思自治.

Analysis on Some Legal Problems of Precontract

Precontract,as a corresponding aspect to contract,has its own legal force to help the conclusion of a contrtact.However,in our country,there are no laws to stipulate the rules of precontract and the obligation of the breach of it,therefore plenty of precontracts are out of the control of laws and can not be settled in a legal way.Rules about precontracts ought to be added to the legal range of the contract law through legislation in order to protect the interests of all parties during different stages of making a contract,so that the autonomy of the concerned parties can be realized as much as possible.