A Study Of Collateral Obligation Of Contract

Collateral obligation of contract can be traced to the good faith contract of roman. But it doesn't form its system in a long time. Because the people lack of ample understanding, even they have no concept of collateral obligation of contract. Since the society coming into 19 century ,the theory of collateral obligation of contract is formed with the establishment of the good faith. It is prescribed in the fourth chapter of the Chinese contract law : " the people should follow the good faith and perform the informing duty helping duty keeping secret duty and so on according to the quality, purpose and custom of contract." Such as informing duty, helping duty keeping secret duty and so on ,are called collateral obligation of contract by the professionals.But in the theory field,the systematical and deeply research is not given,so does the judicature field.I think the whole research about the collateral obligation has important sense in the legislation and judicature field.Collateral obligation of contract is born with the development of contract relationship ,and the contractual duty framework is composed by the contractual collateral obligation and the contractual payment obligation. The thesis tries to have a preliminary approach to the contractual collateral obligation. Six parts are included in it. The first part reviews the historical development of the contractual collateral obligation through the forming of good faith; The second part focus on the definition and its type; Then in third part several conceptions are compared with the collateral obligation of the contract ,such as earlier contract duty later contract duty payment duty and so on ; its types are deeply discussed in part four; Moreover, it makes a study of the functions and subjects in part four; Finally the last part expounds the breach of the contractual collateral obligation, the form of the liability . the composition of civil liability for that. At the same time ,1 make astudy of the focus in the theory field.