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预约,作为债权合同的一种,其目的是将来订立本约。它在概念、法律特征、存在意义、效力及违约责任方面都呈现了自身的特点。预约合同在现代市场经济条件下出现的频率越来越高,在保障本约的缔结、促进交易等方面发挥了不可替代的重要作用。但我国合同法却并没有对其作出规定,致使法官在司法实践当中无所适从,也制约了预约合同原有作用的发挥。基于此,本文建议修改合同法,增加有关预约制度的规定。
Appointment, as a kind of debt contract, the purpose is to enter into the future contract. It has its own characteristics in terms of concept, legal characteristics, existence significance, effectiveness and liability for breach of contract. Appointment contracts appear more and more frequently under the conditions of modern market economy and play an irreplaceable and important role in guaranteeing the concluding of the contract and facilitating the transaction. However, the contract law in our country did not stipulate it. As a result, the judge did not know what to do in the judicial practice and restricted the original role of the contract. Based on this, this article proposes to amend the contract law to increase the provisions of the appointment system.