On Collateral Duty

On the modern contract method, because of the honest reputation principle rising, the traditional contract duty has to be extended, the contract law not only protects the contract itself, but also even pays attention to the adjustment that relates to the whole process of the development to the contract, to carry out the party concerned and the benefits balance between the party of the contract concerned and societies. Collateral duty emerges with the tide of the times namely with the duty. Collateral duty experiences to take judicial precedent and academic studies as to lead first in Germany, Japan and Taiwan region , and then from judge forms collateral duty, then takes into the process of the culture. Though Collateral duty experiences an endless stage, but in the end, Collateral duty has its own place in many civil law-makings of the continent law. Now, Collateral duty has already existed in《the contract law》of our country , but the civil law field of our country didn't yet reach the consensus for a series of basic theories problem about Collateral duty, thus in judge practice, it will result in the confusion of comprehension and application, and it will affect the unity of the law and judicial dignity. This text tries from carrying on the introduction and analysis to the current research result, and combines the related case example, Accor dinging to the theories standpoint of numerous scholars, carrying on the study towards some problems of Collateral duty, reaching to enrich Collateral duty theories'wishes.The article text is constituted by the three greatest parts. chapter one is about Collateral duty's meaning and its legal theory foundations, in this chapter the definition of Collateral duty is carried on .Collateral duty is for implementing payment duty or protecting the party concerned Human bodies or the benefits on the properties, happens in the contract negotiation, form, implement and implement being completed in each development process according to honest reputation principle. As a result, Collateral duty has the...