What Is an Appointment Letter?

Appointment, that is, a "agreement to enter into a certain contract in the future". Usually, people call the contract to be concluded in the future as the contract, and to make a contract that is about its subject matter is an appointment. In accordance with the principle of autonomy of private law, parties enjoy a wide range of contract freedoms, including the freedom to conclude a contract, with whom, and the content and form of the contract. Appointment is undoubtedly a pre-arrangement of who to enter into a contract with, etc., which seems to be a restriction on the parties' freedom of contract, but in essence the freedom of contract is used to the extreme.

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Basic explanation

1. [order; subscribe]: subscribe

Appointments and appointments

explain in detail

1. Agree in advance.

Don

Appointments belong to the Chinese legal system

Appointments, although often referred to as "preparing for a contract"

Appointment behavior and

As mentioned above, the traditional theory is that an appointment is based on the conclusion of the agreement, and the right holder can petition the debtor to express the will to conclude the agreement.

"Code of Civil Procedure"

In order to establish this Covenant; and based on the economic principles of litigation, a merger request may be required to perform this Covenant. Consistent with this view of effectiveness, appointments are required to have a high degree of certainty. However, this brings difficulties to people's understanding of appointments: if the situation is uncertain when the appointment is made (as is the case in most cases), the appointment itself must remain uncertain accordingly, but in this case, Difficulties will arise in expressing the right to enter into this agreement; on the contrary, if the situation is determined, the agreement can be concluded immediately, and there is no need to make an appointment first.

It seems that the validity of the appointment needs to be re-understood.

Can an appointment have the effect of compulsory performance of this agreement? If so, does it allow coercion of human will? The aforementioned tradition of acknowledging appointments can be performed. It may be that during the appointment, the obligor has expressed its commitment to the obligations of the "Covenant". Therefore, a judgment can be used to determine whether the obligor exists or is deemed to exist Meaning of content. However, as in the foregoing analysis of the issue of "consideration", the consideration benefits of the covenant are not reflected in the appointment. Therefore, the appointment can only support the will of the parties "should be" and the will of the Not among them. Therefore, this "will" cannot be used to replace another "will". There is no question of interpreting the contract according to law, because this covenant does not yet exist, it does not yet have its own weight and cannot be interpreted. Therefore, to enforce the signing of this contract, it is forcing the parties to express their intentions, which is inconsistent with jurisprudence. Jurisprudentially, any debt that is realized through an act dominated by human will cannot be directly enforced. As the drafter of the French Civil Code said: "No one should be forced to do or not do anything, and if such coercion is taken, violence will result." Article 111 of China's "Contract Law" stipulates that if a non-monetary debtor fails to perform, the other party may request performance, but also provides exceptions. Among them, the subject of the debt is not applicable to mandatory performance, which is one of them. The subject of the appointment should be listed here.

Therefore, the appointment only gives the right party the right to request the obligor to sign the contract; if the obligor does not perform, and the performance is not suitable for "alternative performance", only compensation for breach of contract is required, which does not specifically depart from The purpose of making an appointment is because the conscious acceptance of obligations and performance is the norm in actual life, and an extraordinary breach of contract must have personal reasons or motivational reasons. In this case, the defaulting party will pay the price for non-performance. The deposit appointment reflects this principle, which shows that this is also a recognized concept.