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预约合同的本质是契约。Precontract is a contract in substance.
欲参加培训请提前10-15天预约,谢谢合作!Please precontract 10—15 days in advance if join training.
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预约合同的本质是契约。Provisions for general contracts shall apply to precontract.
第二部分是对预约法律效力的分析。The second part is to analyze the legal effect of the precontract.
欲参加培训请提前10-15天预约,谢谢合作!Please precontract 10—15 days in advance if join training. Thank for cooperating!
其中还包括预约的历史考察及预约与本约的关系。The origin of precontract and the relation between precontract and the real contract.
预约是约定将来订立一定合同的合同。The precontract is a kind of contract to agree to work out a certain contract in the future.
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“商品房认购书”的实质是商品房买卖预约合同。The substance of subscription for commercial buildings is a precontract of commercial buildings sales.
在实践中,上市公司的预约披露时间并不必然是实际披露时间,这就出现了披露时滞问题。In practice, precontract disclosure time is not to be actual disclosure time, then emerges disclosure delay.
第三章的主要内容是商品房买卖预约合同的内容和效力。The third chapter is mainly about the content and the effect of the precontract of commercial buildings sales.
预约是契约,是约定将来订立一定契约之契约。Precontract is a contract which stipulates that the relevant parties shouldnegotiate for signing a real contract.
以理论结合实践,希望对读者对理解预约理论有所帮助。Combining the theory and practice, author hopes that this thesis can help readers understand the theory of precontract better.
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最后结合对预约合同制度的认识,笔者拟订立法建议条文,期望能对合同法的完善有所帮助。At last, with the comprehension of the Precontract Institution, the author draft five legislative articles to perfect our country's contract law.
首先,作者分析了预约效力的理论基础,并认为契约自由原则、诚实信用原则及信赖保护原则都是预约产生合同效力的理论基础。Firstly, the author considers that the principles of freedom of contract, faithfulness and reliance as theoretical bases for effecting of the precontract.
而预约的分类以美国学者和法国学者的分类最为典型,两者差别在于其分类的标准不同。Then author states two different classifications of precontract by American scholars and French scholars. Their difference lies in their criterion of classification.
预约以关系契约法学说及合同的生活史理论为存在依托,体现了当事人主动对合同的缔结过程进行安排、控制的意图。Precontract is based on the theory of the Relational Contract Law and Life of Contract, which reflect the parties' intention to control the process to make a forward contract.
先对上文所阐述的商品房买卖预约合同理论做简单总结,再使用这一理论对法院的实际判例做出评析。The author puts forward a simple conclusion of the theory of precontract of commercial buildings sales, and then does some empirical analysis on several real cases using the theory.
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违反预约合同侵害了一方当事人的信赖利益,应承担违约责任。One party to a precontract fails to perform the contract obligations and causes losses of reliance interest to the other party, the party shall bear liabilities for breach of precontract.