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On The Obligation Of Contract Law

Posted on:2016-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:J W LiFull Text:PDF
GTID:2206330461498881Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In Rome law era, the collateral obligation has formed the embryonic form of; in the "French Civil Code", the collateral obligation was first included in the legislation, "the French Civil Code" 1134 th paragraph third: "the contract should be based on good faith performance." The 1135 th stipulation: "the contractor not only to fulfill his explicit commitments, but also to perform according to the contract nature, gives the principle of fairness, occurrence law or custom duty";through the exploration and practice of French law, the collateral obligation in the final "German Civil Code" was established as the general terms and conditions of contract. The collateral obligation exists, aims to the legitimate rights and interests of more comprehensive protection of the personal rights and interests of the parties, property interests and benefit etc. However, the collateral obligation system still has some defects in the legislation, plus people in practice to understand enough, lead to collateral obligation is not able to give full play to its function and value.With the continuous development of the market economy, numerous trade complex, new collateral obligation appear constantly, the collateral obligation is more and more to highlight its vital importance, therefore, is bound to cause the academic circle and judicial circle pays attention to the.This paper is divided into three parts. The first part is the summary of the collateral obligation of contract. This part of the contractual collateral obligation historical trajectory, the meaning and characteristics to do a basic discussion. The second part is the definition of collateral obligation of contract content. This part is the core part of this article, respectively on the collateral obligation of contract theory support, the value function, form of expression and civil liability are discussed, and further to the collateral obligation definition. The third part is the theory of collateral obligation.From the three aspects of the improvement should pay attention obligation system problem.
Keywords/Search Tags:Collateral obligation of contract, The principle of honesty and credit, The principle of imputation, Civil liability
PDF Full Text Request
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