The Research On Collateral Obligation

The changes of the obligation law is based on the formation and development of various obligation. The formation and development of obligation have focused on the collateral obligation since morden times.Therefore,the research on the collateral obligation will be usefull .The contract law enacted in 1999,until now has over 12 years of history, it's one of the most successful statutory law in our country. It has mature legislative art,and it can contact with the international standards.After 12 years, the law of contract closely linked with practice ,and be widely applicable.Of course,it doesn't mean that the contract law is perfect,there are still some system and questions have to smoothed out,one of them is the collateral obligation.The collateral obligation is derived, in large part, from the Principle of good faith,and it have developed gradually in German judicial precedent and doctrine. The role of collateral obligations have performed on that supplement the contractual obligation,which is missed by the parties's negligence,to complement the contract loopholes,or based on the principle of good faith ,the judge creative a obligation for the other side, to.retrieve a loss which is maded by the parties arising out of the performance of ,or relating to this contract.The paper focus on several problems associated with:the collateral obligation of the emergence, development, theoretical foundation and meaning, the responsibility of breach of collateral obligation, perfecting the collaterl obligations.This paper is divided into five chapters, each chapter describes the contents as follows:The first chapter is mainly discussing about the meaning of collateral obligation. In this chapter, in the beginning, introduce different theories about collateral obligations, then discussed the broad sense and narrow sense with the collateral obligations,for support, show that the writer aligned with the generalized collateral obligation.Thrid, from the discussion of the collateral obligation's function,point out the distinctness of collateral obligation and the secondary obligation. Finally, this paper introduces the theoretical basis of collateral obligation.The chapter 2 mainly introduced the the historical evolution of the collateral obligation. First, introduces the process of it produced, it's based on the liability of culpa in contrahendo and positive encroachment of obligatory rights, and combined with the German judicial precedent.Lastly,introduces the development of collateral obligation in some countries.Chapter 3 talk about the connotation and indentfication of the collateral obligation.First,present the connotation, is also called the expression, it include notify,assistance, protect,confidentiality obligation and duty to disclosure,the duty of care,and so on. From the introduction of collateral obligation forms ,drawn of collateral obligation with wider range, must be restricted. This limitation involving collateral obligation cognizance questionThe fourth chapter is civil liability for breach of collateral obligation. Discussed criterion of liability and methods of bearing civil liability. In criterion of liablity, the author imputation tend to apply the principle of fault liability; In accepting responsibility, support the way the diversification of responsibility.The fifth chapter is the end of this article,mainly discusses how to improve our theoretical system of collateral obligations. The author thinks that collateral obligation in our current "contract law", just to be conceptual, not to mention its specific application in practice. Accordingly, a lot of the system is suitable for collateral obligations need for demonstration. In this chapter, the author mainly give brively demonstration about the concurrence of tort liablity and contract liability, protective obligations for the third person in contract, is entitled to right of defense.