Discussion On The Collateral Obligation

This article sets forth the history and basic theory of collateral obligation at first, and analyses the character of collateral obligation basing on its meaning. Secondly, the thesis points out that it should be decided the collateral obligation referring to the closest contact doctrine, strict limitation principle and the principle of balance, then indicates the types of collateral obligation, such as the obligation of notice, the obligation of cooperate, the obligation of protect, the obligation of maintaining secrecy and the obligation of nonfeasance and so on. More in the article, the article analyses the legal effect on collateral obligation,and indicates that the property of duty on the legal effect of disobeying the collateral obligation should be different in different phrases: liability for wrong in conclusion of contracts in the phrase of contract concluding, liability of breaking contract in the phrase of performing of contract and after the phrase. At the mean time, it should apply deducting principle in liability doctrines, and it should compose the damage fact, offending Nebenpflicht and the consequence between them in construction elements of liability. On the form of liability taking, compensation for damage should be the main method, if the collateral obligation is breached to make the purpose of contract can not be accomplished, the contract can be terminated. Finally, as we have seen, through investigating the collateral obligation of Contract law, the article gives some advices on the form, duty determination on the nature, Criterion of Liability and methods of bearing liability of Collateral obligation to make it perfect.