Outside The Contract Obligations Of The Legal System Research

This essay composed of three parts. Part one explained the history of the obligations before contract and after contract, and proved that the obligations before contract and after contract are the result of improving the obligations of the classical contract of law, reflecting the objective requirement of the development of the society.Part two pointed out the advantages and disadvantages of the obligations before contract which have been regarded as reliable benefits and attached obligations. Secondly, the writer clarified the difference between the obligations before contract, Culpa in Contrachendo and attached obligation. Thirdly, it generalized the central form of the obligations before contract which were joint obligations, protection obligations and information obligations.On the part of obligations after contract, firstly, the writer pointed out the imperfectness of regarding it as expansion for the Culpa in Contrachendo and attached obligations. Secondly, the difference between obligations after contract and Culpa in Contrachendo and sub-commitment obligations was explained. Thirdly, it generalized the central form of obligations after contract which were assistance obligations, joint obligations and information obligations.Part three reconstructed the obligations before contract and after contract On the reconstruction of the obligations before contract, it pointed out that the obligations before contract was a kind of legal contract obligation. The party who undertakes the obligations before contract is specific. The obligations before contract begins from negotiation and completes with the effectiveness of the contract.On the reconstruction of the obligations after contract, the writer pointed out that the obligations after contract was based on the good faith principle, and it was also a kind of legal contract obligations. Its precondition was effective contract The obligations after contract begins from the completion of the valued contractconnected tightly to the right and obligations that have been completed on the contract, occurring between the specific party. It is an unattached contract liability.