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预约合同在法律上没有明文规定,但在现实生活中却普遍存在。从法理上来讲,预约合同是指当事人约定将来订立一定合同的合同。订立预约合同的目的是为了订立本约合同。预约合同与意向书存在质的规定性差异,同时也有别于附条件合同、附期限合同与缔约过失行为。在法律适用时,应当坚持合同自由原则和类推适用原则。
Appointment contract in the law there is no express provision, but in real life but ubiquitous. From the legal point of view, the appointment contract refers to the parties agreed to enter into a contract in the future contract. The purpose of making an appointment contract is for the conclusion of this contract. Appointment contract and letter of intent there is a qualitative difference, but also different from the conditional contract, with a deadline contract and contracting fault. When the law is applicable, the principle of freedom of contract and the principle of analogy should be adhered to.