Research On The Theory Of Contractual Accessory Obligation

The contractual absolute freedom has been regarded as the basic principle above everything else in the traditional contract,but since the 20th century,with the lastly development of social economy and business increasingly complex and highly,if still value meaning homemade,the absolute freedom has differenty in adapting to the development of social economy if continue to the freedom trade principle.So all of the law in the world successively change the form from freedom to virtually free and equal value,the principle of good faith rose to become the primary principle in the contract relations,concrete process for the party should show the burden of accessory obligation.At present,the theory of contractual accessory obligation is not mature,but it expand the scope of the contract obligation and pursuit the quality of substantial justice represents the development trend of modern contract with the overall direction.the author has read extensively of related books and papers,and want to puts forward a tentative discussion and elicit my own viewpoint by comparing the research achievements of all scholars of the theory of contractual accessory obligation.This article defines clearly the concept of the accessory obligation,quality,characteristics and the relations with the other contractual obligation,analyzed the accountability principle of violating the accessory obligation, assume way,and so on,indicates the situation and deficiency of the accessory obligation theory research,I should contribute my power to the theory research of contractual accessory obligation in order to perfect the theory.If no specific instructions,the accessory obligation all refers to contractual accessory obligation.