Study Of Collateral Obligation In The Course Of Implementing A Contract

Collateral obligation is an important legal mechanism in contract law, and it is the result form the continuous development of contract law and the expedition of the contractual obligations. In traditional theory of contract law, the creation of contractual obligation is according to regulation by law and engagement by the parties, except which there is no any obligation or liability between the parties.However,the expansion of obligation which is a challenge to traditional contract law has been a trend in the development of contract law. The introduction of collateral obligation is reformation of traditional contract law. The parties should performance not only obligation which is regulated and engaged, but also necessary obligation of good faith, which is called collateral obligation.The dissertation mainly discusses the Collateral obligation in the course of implementing a contract.The author analyzes the connotation of collateral obligation, and discusses the two determination standards about collateral obligation according to the connotation. The first standard is about Inherent interest and the aim of the contract exist a close contact, and the second one is about the nature of the contract, aim of the contract and trading habits. Violate Collateral obligation should bear the civil liability for damages.