Collateral Obligation In The Contract Law

Collateral obligation which requires that contracts should be fulfilled more carefully in the form of legal obligation is an important one in the contract system, and it plays a very important role in the transaction order-keeping and security-defending respect. But studying in this field still lacks systematism and deepness, and the research on the collateral obligation remains defects, for example, the definition, features, types and etc. defines obscurely, and the scope of the theoretical foundation covers is not enough, all of these bringing difficulties to the structure of the whole contractual obligation system. Beginning with analyzing the definition of the contractual obligation itself, the collateral obligation is an obligation system with legal, assistant and definite characteristics, based on the purpose of protecting individual and property security and promoting the payment. The collateral obligation runs through the whole course from the beginning of negotiation on the contract to the time after the fulfillment, which is different obviously from the other obligations in contract law, such as the main payment obligation, the assistant payment obligation and unreal obligation. The types of collateral obligation mainly include assistance obligation and protection obligation, and between them there is the obligation of informing, assisting, loyalism, secret-keeping and business strife prohibition. The civil responsibility caused by the breach of collateral obligation is a dependent responsibility, including culpa in contrahendo duty, the breach of contract responsibility, the post-contract responsibility and the tort responsibility. Except the tort responsibility, the left three of them have similarity in constitution conditions. This dissertation also points out their differences, when elaborating them one by one. At the end of this dissertation, the author has put forward specific legislative proposals to the collateral obligation system. In order to help deepen the knowledge of the collateral obligation, the author has tried his best.