Collateral Obligation Legal Issues

Attendant obligation is a hot area in recent years. As an important system of contract law, attendant obligation requests the parties to fulfill the contractual obligations in a more comprehensive and detailed way with good faith. At the same time of promoting the fulfillment of the contract, achieving the stability of transaction order and ensuring the safety of the transaction. However, the attendant obligation still lacks depth study, the attendant obligation is vaguely defined in the aspects of concept, features and type, the insufficiency of the theoretical foundation and characterization is not clearly, all of those bring difficulties to the building of the entire system of contractual obligations. Analysis on the basis of the above issues, this paper theoretical analysis of contractual obligations attendant, first analyzes the concept of the attendant obligation and indicate attendant obligation is the obligation which established in the specific course of contract development in accordance with the principle of good faith. Its role is to assist the parties to achieve the payment of interest and protect the personal and property interests, and with characteristics of uncertainty and complementary. It runs through the whole process of contract form the contract consultation to fulfill finished of the contract. The attendance obligation is difference from other obligations in the area of contract law, and there are obviousdifferences and correlations among them. Next, this article discusses the basic theory of the attendant obligation, analyzing its legal basis, function and value. Second, this article analyzes the development experiences of the attendant obligation in the following stages: the formative period of Roman law, the French judicial practice and exploration, confirmed in the cases and the doctrine in Germany and the development stages in other countries or regions of civil law system. On the basis of things mentioned above, a process of statutory is described in detail. Finally, judicial consideration is made to the attendant obligation in the practical using in the judicial system, recommendations was made in the three aspects of litigable character, essential juridical standards and the responsibility consequence. Hope that this article will help us to further understanding attendant obligation.