Contractual Collateral Obligation Research

Contractual collateral obligation origins from the principle of good faith. It can balance the interests between individuals and the society, and compensate for the deficiencies occurred in laws and contractual stipulations with the function of pursuing virtual justice. This thesis defines the concept of contractual collateral obligation by comparing various countries'contractual collateral obligations. Then, the jurisprudence basis, characters, nature and classification of contractual collateral obligation are expatriated on. In addition, having compared with other relevant obligations, its definition is further made clear. The thesis also discusses the legal results induced by violating this obligation in the aspects of nature of liability, important composing conditions and relief methods that debtees will resort to. Therefore, the thesis finishes the systematic research on contractual collateral obligation.The whole thesis consists of three chapters.Chapter One, which is a general summarization of contractual collateral obligation, aims at defining the concept of contractual collateral obligation. After analyzing the general understanding of the scholars in Germany, Japan, Taiwan and Mainland China, the definition of contractual collateral obligation is drawn. In the writer's opinion, contractual collateral obligation is not a legal obligation confirmed from beginning. However, it is engendered according to the nature and aims of contracts and transaction customs, and is standardized by legal fussy (indefinite) stipulations. Contractual collateral obligation makes up for the deficiencies in legal regulations and contractual agreement, protects debtees'rights and interests, and ensures the safety of contractual transactions. Meanwhile, contractual collateral obligation also promotes the perfection of debt theory in civil law, indicates the harmonious development of the good faith principle and free contract principle, and impels laws to be of more substantive justice.The second chapter further expounds the meaning of contractual collateral obligation in the aspects of its jurisprudence basis, characters, nature and classification. From the definition of contractual collateral obligation, we can conclude that its jurisprudence basis id the principle of good faith, and it is not only indefinite, exoteric, and extensive, but appurtenant, dependent, accessorial and protective as well. It is a legal duty of good faith, which is recognized by laws when people follow self-disciplines. Contractual collateral obligation can be classified differently, according to its function, content, and transferability. And each classification has its special value.Chapter three analyzes the legal result induced by the violation of collateral obligation. Once contractual collateral obligation is violated by debtor, he shall assume the liabilities resulted from the breach of contract. The important composing conditions of such liabilities shall consist of t debtees'fault , breach of collateral obligation, and impairment to debtors , with principle of fault being liability principle. When a debtee breaches the collateral obligation, the corresponding debtor can only resort to the relief method of compensation. The scope of compensation shall be confirmed by entire compensation principle, foreseeable principle and principle of fault differentiation.