Contract Obligations Accompanying Theoretical Studies

Contractual Incidental obligation is an important legal mechanism in continental legal system, which is stipulated in Chinese Contract Law with reference to foreign theories and judicial cases. My thesis adopts historical, comparative and practical analyzing methods. Proposals are made so as to be able to guide the judicial practices and to be referred to legislating Chinese Civil Code, with approaching its origin and development, its basic theory, the jurisprudential basis, the differences and something in common with common legal family, principle of imputation, constitutive requirements, harmonization with relative legal mechanism.There are about 55,000 words with 5 chapters besides preface and conclusion.Preface The main issues that are to be discussed in this thsis,the practical value and the theoretical significance are also pointed here.Chapter 1 The origin of incidental obligation, there is, in chronological turn, the introduction of its Rome seeding era, followed by its establishment and theories in Continental law empire. Giving the comparative analysis between two legal system, the author analyzes its background and reasons for lack of legal power.Chapter 2 The discussion about basic theories of incidental obligation,such as concept, feature, value, function and classification. Incidental obligation is Supposed to reflect the nature of good faith. Whereas, this chapter approaches the role of good faith in considerating the participants' expectations and rights, with comparative analyzing between incidental obligation and major delivery obligation, and subordinate delivery obligation, and pre-contractual obligation, and post-contractual obligation .Chapter 3 The discussion about the principle of imputation , constitution requirements and legal results of incidental obligation, pointing out that the principle of imputation should be fault principle. It's of some value to discuss the compensation and discharge of contract when breaching incidental obligation.Chapter 4 It is about harmonizing incidental obligation and relative contractual mechanisms. Hereby the author proposes within his ability on issues, such as coincident performance counterplea, force majeure, definition of breach liability, breach of incidental obligation and burden of proof.Chapter 5 Practical analysis of cases on incidental obligation, realizing the interaction between theory and practice.Conclusion: generating the contents of the thesis and the author's standpoints.