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预约合同作为本合同订立的准备性活动之一,在我国实务中广泛存在。本文从预约合同的特征分析入手,阐明预约合同以订立本合同为履行标的,属债权合同、诺成合同,从而界定了此类合同的内涵。进而层层深入地剖析了预约合同制度以契约自由理念和诚实信用理念为两大理论基石,并结合商业实践,深入分析了预约合同在固定交易机会、彰显契约自由等方面的制度价值,丰富和深化了当前对预约合同问题的研究。
Appointment contract as one of the preparatory activities concluded in this contract is widespread in China’s practice. This article starts with the analysis of the characteristics of the reservation contract, clarifies that the contract should be concluded to fulfill the contract, the contract of promise and the promise of the contract, so as to define the connotation of such contract. And then the author deeply analyzes the reservation contract system based on the theory of freedom of contract and the concept of honesty and credit, and analyzes the institutional value of booking contract in the aspects of fixed trading opportunity and contractual freedom with the commercial practice, Deepen the current study of the appointment contract.