The Analysis of the Application of Precontract under the Thinking Process of Dynamic System
In December 2023,the Interpretation of the General Principles of Contract further refined the rules for the identification of Precontracts and compensation for damages for breach of contract,changed the evaluation method of the Precontract system from"elements-effects"to comprehensive factor investigation,and formed the preliminary thinking of dynamic evaluation of Precontracts,which is a characteristic sign of determining flexibility.Unfortunately,due to the neglect of the internal hierarchy of Precontract determination and the simplicity of existing judgment factors,judicial interpretation fails to realize the evolution from dynamic evaluation thinking to the construction of dynamic evaluation paradigm.The lack of principled example evaluation guidelines exposes the"indigestion"of the current construction technology to the dynamic system theory.In order to solve this dilemma,it is urgent to extract the abstract elements of the decision factors,and create a complete co-dynamic chain composed of the factors such as the degree of effectiveness constraint,the degree of content completeness,the degree of agreed-upon expectation,and the degree of trust tightness.Finally,the principle example of the reservation dynamic system is formed by the force of factors,and the fine construction of the judgment reasoning is provided in its identification,breach of contract relief and discretionary judgment of the amount of loss compensation.Make it more in line with the needs of judicial practice.
precontractstandardized constructiondynamic systemliability for breachdamages for breach of contract
国家科技期刊平台
NSTL
万方数据
维普
