Research On Legal Liabilities For Violation Of Contractual Incidental Obligations

In the law academe,the definition of contractual incidental obligations has two explain, the narrow sense theory and the broad sense theory ,and the latter is more desirable. The broad sense theory starts form the contractual relationship of the three stages of the existence of the contractual incidental obligations, and contributes to systemizing the cognition of contractual incidental obligations,while finding a unified basis of damages claim for the incidental obligations at each stage.There are several standards to identify contractual incidental parties assumpsit ,restricted application,a specific case or cases stylized .They can comprehensively and accurately recognize contractual incidental obligations.How to recognize the characters of legal liability while breaching the contractual? The character of breach of obligations before the first contract is the fist fault liability ,the character of breach of contract while fulfilling the obligations is a special breached liability, and the character of breach of the obligation after the contract is breached liability.The elements of breaching contractual incidental include that the interests of rights holders have been damaged, there is a action of breaching the obligations, there is causality between breaching the obligations and the damage, the debtor has fault. While cognizancing the faults, it is applicable to presumption of fault on the method. Refer to the relief manners, while breaching the contract before the first contract, there are returning property, terminating the contract and damage compensation. While fulfilling the obligations, there are taking remedial measure, continuing to perform, liquidated damages, terminating of the contract and damage compensation. While breaching the contract after the contract, the main manner is to continue.