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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。但我国规制市场关系的基本法——《合同法》却并没有对其作出相应的规定,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,建议在以后修改《合同法》时,增加有关“预约制度”的规定。
Appointment as a kind of debt contract, its purpose is to enter into the contract in the future. 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, our country’s basic law of regulating market relations - “Contract Law” did not make the corresponding provisions, resulting in the judge in the judicial practice at a loss, but also restricted the appointment of the original role of the contract play. Based on this, it is suggested that when “Contract Law” is amended in the future, the relevant provisions on “Appointment System ” are added.