Research On Legal Liabilities For Violation Of Contractual Incidental Obligations

Contractual incidental obligations, which are gestated and catalyzed by the two basic principles of contractual justice and credibility, could be traced to the good faith contract of Ancient Rome. As the embodiment of credibility principle during the fulfilling of contract, they remedy disfigurement of performance obligation for the consummation of claim, and could be said to be the rightful supplement of parties' meanings, so as to accelerate and protect market exchanging.The thesis tries to have a preliminary approach to the contractual incidental obligations. Four parts are included in it. The first part reviews the historical development of incidental obligations in the background of contractual justice and credibility principle; the second part analyses its special characteristics and distinguishes itself in the "obligations cloud". Then in the third part the legal liabilities are focused on while contractual incidental obligations are violated. Moreover, it makes a study of several key questions in the damages, such as definition of the damages, even the analysis of causation and so on.The thesis attempts to integrate traditional notion with modern ideas of contractual theory, and probe into contractual incidental obligations more profoundly and more comprehensively. It brings forward several innovations: idea and photo of "obligations cloud", the author think, which describe the expanding and complexity of obligations in the modern contract more exactly and more visually; while analyzing legal liabilities for violation of contractual incidental obligations, the author confirm the establishment and sphere of compensation by "proximate causation". Several conceptions are compared with the contractual incidental obligations and original views are put forward for the special characteristics of contractual incidental obligations, then principle of liability for fault is deeply discussed in the analyzing of attribution; at the same time, the author makes a study of several discussing questions in the law academe and his own opinions are brought out.