Research On Theory Of Accessory Obligation

Accessory obligation of a contract came into being in the judicial precedents and legal theories as the restriction to the freedom of contract , and then were elevated as an indispensable contract obligation and formally defined on the law. It were regulated in the written law specifically that accords with the trend of the modern contract law . But in the theory field, the systematical and deeply research is not given , so the application of this system appears the hazy and confused in the judicial practice. According to many questions about the accessory obligation in theory ,The thesis chooses three aspects to discuss. First of all, On the basis of defining the concept of accessory obligation ,the thesis expounds the legal principle foundation and the value idea of accessory obligation. Secondly, the thesis discusses about the concrete types of accessory obligation and their confirmation. The author holds that in the process contract performance ,the parties shall perform such accessory obligations as informative obligation, notice obligation, maintaining confidentiality obligation , protective obligation , abstention obligation..And when confirming the accessory obligations, we should balace the relationships of interests between the parties and between the parties themselves and the parties with society ,which can be confirmed according to the quality , purpose , custom of transaction of the contract. Finally, the thesis separately discusses on the nature of the civil liability , the doctrine of liability fixation, constitutive requirements and ways of bearing liability when parties violate accessory obligation . One party should bear the liability for breach of contract because he violates the accessory obligation with fault and causes the damage of the other sides body and property in the complementation of a contract . Similarly, one side should have the right to breach the contract when he completely can not reach the contractual aim at all due to the other side violates the accessory obligation .