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Discussion On The Collateral Obligation

Posted on:2007-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
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Collateral obligation which originated from Rome law is an important legal mechanism in contract law, and it has already had the developing process of more than 100 years up to now from its embryonic. But because collateral obligation spreads to be seen much in the prejudication and judicial practice of all countries, and it has characteristics of indetermination, attachment, etc and the worth tropism of its social standard, it hasn't form organic system and gotten more emphasis on contract law where the contractual autonomy was regnant. Because the theoretical study of it is not enough and thorough, how to know and grasp the collateral obligation becomes a very complicated and important problem.On the basis of others' study, the article made some primary discuss on collateral obligation and made for perfecting our country contract law in the future.Firstly, the article introduced the theoretical principle and the developmental track of collateral obligation. To take the formation and development of honest reputetion principle as clues, the article look back the extensively accepted developmenttal process of collateral obligation which originated from Rome law, developed in France in 19th centuries, and formatted in German in 20th centuries.Secondly, according to the difference between collateral obligation and precontractual obligation, and post-contractual obligation, and payment obligation, and noreal obligation, the article explicated the meaning and the characteristic of collateral obligation, and also carried on distinguishing with its six kinds of concrete types.
Keywords/Search Tags:collateral obligation, payment obligation, liability for breach, principle of imputation
PDF Full Text Request
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