On Subordinated Obligation I Contract

The subordinated obligation system is based on the honest credit principle which develops on the German case-law. Its figure is the obligation that the debtor should fulfill in the process of the contract, to protect the creditor's benefit, following the honest credit principle, according to the contract nature, the goal and the notice, Such as the assistance, the security and the protection and so on.Being different with the general legal and the agreement duty, the determination of the subordinated obligation should be based on the overall evaluation with the good faith principle as well as the contract nature, the goal and the transaction custom and so on. Also its content differs from along with the congruent relationship development, therefore it is very uncertainty. From this, there is no Legal basis to depend on when the judicature judicial organization is processing correlation case frequently. So on one hand, the legislation still must carry on the concise stipulation to the subordinated obligation while carrying on the enumerative stipulation to the concrete content and investigation of the responsibility of the subordinated obligation shapes which appear frequently. On the other hand,it is necessary to set up series of suitable standards to prevent the subordinated obligation expanding unlimited .