On Contracting Obligation

Contracting obligation is an important institution of civil law, an independent system of creditor's rights which consists of obligation system of civil law with default obligation infringement rights obligation etc Contract Law of the People's Republic of China issued in 1999 established contracting obligation institution for the first time. It fills in the gaps of precise text's stipulation ,and offers a feasible way to deal with the relationship between parties to the contract.This paper is base on the research of scholars at home and abroad It discusses concept and characteristics of contracting obligation, makes a comparison and analysis between contracting obligation and its related obligation, such as default obligation; It introduces the evolution of contracting obligation and significance of the establishment of it in Contract Law, It elaborates the theoretical foundation of it , discusses its components from five aspects It annualizes and explores the concrete forms ,scope of compensation and prescription system from the aspects of legislation theory and judicial practice. On this basis does it comment on the articles, point out the deficiency of legislation, Meanwhile, it puts forward views adsuggestions to perfect legislation of contracting obligation institution in order to provide experience for the theory and practice of contracting obligation.