On The Real Obligation

Obliegenheiten, the obligation with respect to the real strength is weak, violation and legal rights impairment only by not interest, and the relative parties not mandatory for the parties to fulfill. For example, Chinese "contract law" the 119th regulation, where a party breached the contract, the other party shall take the appropriate measures to prevent further loss; not to take appropriate measures so that the losses are enlarged, it may not demand compensation for the additional losses, which stipulates the rights of people in the event of default derogation obligation is typically not true obligations; and as the "insurance law" thirty-sixth stipulation:the dangerous level of insurance mark is increased, the insured shall promptly notify the insurer, because if the insured fails to notify the insurer damage results in the expansion, the insurer will no longer bear the liability for damages for losses, the duty of disclosure also don’t belong real obligation. Obviously, there are many about the obligation prescribed in the civil law of our country, but the civil law theory circle for research work obligation is not sufficient, in practice in the specific case is how to apply the obligation, a lot of people are not very familiar with, therefore, through the port of Yokohama in violation of duty to mitigate carrier cases, revealing the concept, not real obligation legal basis and value, and induces the obligation of a specific type and identification, application, in order to let know you better this theory.