Research On Collateral Obligation

Under the guidance of social standard law's view, the collateral obligation of contract is a legal obligation that is gradually settled out in accordance with the nature, aim of contract, the transaction customs, and the principle of good faith and with the development of the contractual relation. The contract between the parties must have flaw because the limited reasons of parties and the social lives prosperous. So the collateral obligation is set out on the law to promote contract's fulfillment and protect the property and personal interests of creditor and the others that have specific situations with the creditor. The development of all the duty of contract, especially the collateral obligation is the important behaviors of the contract law. It is not only to help to promote the contract law system even system of the civil law but also suitable to the application of justice.The thesis tries to have a preliminary approach to the contractual collateral obligation. Five parties are included in it.Part I the definition of contract's collateral obligation The collateral obligation can be used in a broad and a narrow sense. Broadly speaking according to the Good Faith principle and the transacting character, purpose and usual practice, the collateral obligation should be a non-fundamental obligation existing in all the stages of concluding fulfilling and terminating a contract, which mainly means the mutual notice, assistance and maintaining secrecy between the two parties. Anyway, the collateral obligation is to protect the interest of the contract's parties. The collateral obligation is defined from its characteristics in this essay. It is concluded that the collateral obligation has the characteristics of extensiveness, indefiniteness, subordination, auxiliaries, and derivativeness. Furthermore, the comparative analysis about collateral obligation and giving obligation, agreed obligation, legal obligation, unreal contract obligation and compulsory concluding contract obligation are made differentiate them effectively.Part II the theoretical basis and value of contract's collateral obligationThe nature of collateral obligation is not the clear idea of the parties, but the extension of the Good Faith principle. The Good Faith principle is the only source of collateral obligation, the foundation of collateral obligation theory. The collateral obligation is the development of the Good Faith principle. The collateral obligation, based on the Good Faith principle, is to clearly explain how the parties fulfill the contract. Therefore, the collateral obligation has the value of fair, safety and efficiency.Part III the comparative analysis about collateral obligationThe contract duty has been expanded for the extensive application of the good faith principle, so that there exists a duty group which takes the payment duty an nucleus. Here the article has carried on analysis by comparison for the collateral duty to make its meaning clear further. The collateral duty is compared with the main payment duty, the subsidiary payment duty and the ingenuine duty.Part IV the content of the collateral dutyHere the article touches upon the following main types of collateral duty: notice duty, making efforts duty, assistance duty, protection duty, keeping secret duty, non-competition duty as well as renegotiation duty.Part V the violating of the collateral obligationThe violating of the collateral obligation with forms of legal liability, especially civil liability emerging in obligation. Form requisites to constitute a duty, the principle of impute, compensate questions closely related with the judicial practices, etc, and make proving.