The Debtor To Fulfill The Secondary Liability Of Research

The Roman law stipulated that paying off about the debt supposed to be thedebtor generally, but by no means essential, any person may replace the debtor topay off. Along with society's rapid development, the modern society life stylecomplicates day by day, each kind of transaction behavior is frequent, if eachsocial main body all not impossible to participate in the related multitudinoussocial activity for the place, with the aid of expands own behavior in other peoplebehavior to expand the transaction opportunity, uses other people's work or theservice seeks profit for oneself, has become in the modern society life thecommon social phenomenon. But making concrete to the debt fulfillmentprocess, more and more debtor fulfill the contract not personally, but uses theassistant to replace the fulfillment, from this initiates the contractual liability cannot but bring to the attention, this is because its and traditional contractualliability incompletely same. The traditional contractual liability in fact is theviolation person's own responsibility, namely the violation which causes to ownbehavior undertakes the responsibility, but fulfills the assistant in the use to carryon the debt the fulfillment in fact is the responsibility which undertakes to otherpeople behavior, in this paper uses the debtor to fulfill the assistant responsibilityto come for this responsibility to carry on the indication.This responsibility is other people behavior responsible most typical legal regime.This legal regime origins from the ancient Rome law, and continued by thecontinental law system is formed the continental law system country todetermine other people mistake and a contractual liability aspect importantsystem, its construction and the development all with located the time socialcommunity policy, the legislation value orientation has the close relation. It hasbroken the modern civil law own responsibility principle, has manifested thesocial standard thought, is one of civil law modernization symbols. Our countrylaw of contract has similarly carried on the establishment to it, but is opposite in acomplete system, its legislation appears too roughly, has many problems, thisarticle is precisely take this as the starting point, fulfilled the assistantresponsibility question to the debtor to carry on a discussion. In the theory stratification plane, the centralism solves the debtor to fulfill the assistantresponsibility the responsibility nature, the rationale, the constitution importantdocument question, and fulfilled the assistant responsibility system to the debtorto carry on the thorough comparative analysis with other correlation system; Inthe legislation stratification plane, unifies our country's actual situation, hasanalyzed the insufficiency which our country legislates, how will discuss hasfulfilled the assistant responsibility in the future code civil to the debtor to carryon the rules and regulations the question. The full text altogether divides into sixparts:The first part analyzed the debtor to fulfill the assistant responsibility systemthe historical development question, pointed out the ancient Rome time in thegrand justice law regarding the ship owner, the inn owner and the horse stablebusiness responsibility stipulation, fulfilled the assistant responsibility for thedebtor the embryonic form, the continental legal system country which is formedthe Roman law similarly has also carried on by the successor to this system thestipulation, the similarity also was in sets up in the legal regulation or picks thedisperser -like, or gathering Chinese type, the relative quite central legislationwas advantageous for the understanding and the operation, had the very strongstandards, should legislate for our country profits from.The second part discussed the debtor to fulfill the assistant responsibility thenature and the rationale question. Fulfills the assistant responsibility about thedebtor the nature question to have the widespread dispute in the theorists, somescholars thought this responsibility belongs to the mistake responsibilityexpansion, other scholars thought it belongs to the strict responsibility, this articleapproves of the second viewpoint, in fact is one kind of obligation of warrantywhich the debtor undertakes, has surpassed the error responsibility category,regards as it the non-error responsibility then has the rationality. Fulfills theassistant responsibility about the debtor the rationale, this article thought it mainlydisplays in contract principle of relativity manifesting tums over to theresponsibility principle with the strict responsibility on manifesting, but in viewof in fulfillment assistance artificial commuter's situation, also has thecompensation theory and the debtor and fulfills an assistant body theory for its basis.The third part discussed has fulfilled assistant's constitution importantdocument, and has carried on the typological analysis to it. Fulfills assistant'sproduction to be possible to be rests on legal the stipulation, also may rests on itsand between debtor's contract agreement. But its fulfillment debt behavior mustbe take debtor's name as it. About fulfills assistant's type to be possible to divideinto the agent and the commuter, here agent only fingering decides the agent, butdecides the agent regarding Italy to have to belong to the commuter in. But andevery according to debtor's meaning for the debt fulfillment person, all maybecome the debtor the commuter, but no matter between litigant whether has thecongruent relationship existence.The fourth part discussed the debtor to fulfill the assistant responsibility thesystem constitution. First on in this responsibility constitution importantdocument, the debtor undertakes the responsibility to it to have to be the debtfulfillment assistant, fulfils the assistant to be engaged in must be fulfills thedebtor debt the behavior, between the contract litigant has not exempted theresponsibility the agreement, and must not exist fulfills the assistant to fulfillcondition of the rejection. Next fulfils the assistant to fulfill the behavior thelegal effect, displays with fulfills assistant's responsibility two aspects for debtor'sresponsibility. Finally with emphasis discussed in the contract disclosure to fulfillthe assistant whether had the potency, as well as how to its should be suitable.The fifth part of utilization comparative analysis method, will fulfill theassistant concept the correlation system like employers liability, debt shifting aswell as the legal person the responsibility which undertook for the legalrepresentative carries on the comparison, in which has aimed at the employersliability and fulfillment responsibility especially the debtor possibly existscompetes gathers this condition, has carried on earnestly, the careful comparisonexplanation to this both.The sixth part discussed our country debtor to fulfill the assistant responsibilitythe legislation present situation and the legislation perfect question. Aboutchanges the question from an important system angle our country the legislationtoo to be simple and general, had not explained fulfills assistant's concept, and simultaneously has not enumerated its concrete type. This is insufficient to satisfyour country to fulfill the assistant responsibility to the debtor to carry on the legalrules and regulations the realistic need. In this, this article proposed that, might aswell refers to the mainland legal system country centrally to set up the legalregulation, carries on the explicit stipulation to this system.