Theory And Practice Of Concomitant Obligation Of Contract

The fast development of social, economic and technology has changed the social and economical conditions based on which the contract law exists. This has caused the civil law to change its functions: the first issue is how to adjust the civil interrelation when the basis for equivalent and exchangeability of social class of civil entities changed; the second issue is how to balance the public interest while protecting the private rights. Therefore, the civil law has been proceded to modernization; its concept has changed from formal superficial justice to concrete justice, its value evaluation trend changed from the stability of law to the justification of society. Bringing concomitant obligation into law system is not only the refined adjustment of the contemporary contract relationship, but also the acceptance and adoption of the value evaluation trend of concomitant obligation, i.e., pursuing actual equality and maintains the justice of society. Besides, it is also the concrete embodiment of modernization of contract law in the contemporary civil law.But how to set up a suitable conformable system has become an important issue in the contemporary concomitant obligation theory. In the mean time, many individual theory systems have existed when China's theoretical and practical law workers are trying to find a solution to this issue. The related theory can be only found in some sections of law theory articles and in case studies; the systematic elaboration that combined the theory and practice is scarcely seen and there is not much experience for the law practice entities.This paper, addressing on the contemporary concomitant obligation theory andpractice, is based on cuaent theory and author's practice in work, and conducted the comparison, analysis and review. The content of this paper covers the system and corresponding framework of concept of the concomitant obligation in contract implementation, recognition and evaluation, exertion of demurral rights, responsibility allocation principle, etc. This paper includes five sections, and ended with the overture of enhancement of China's concomitant obligation law system, with author's hope to contribute to the constitution and improvement of China's concomitant obligation law system.