Collateral Obligation Of Travel Agency

In recent years, the tourist industry of our country greatly developed. As a country with booming tourism, China badly lack of corresponding legislation in this area. Tour contracts still belong to unnamed contracts. In practice, the tour dispute is mostly settled according to the general rules of Contracts Law and administrative statue established by Tourism administrative service division. Collateral obligation is an important legal mechanism in contract law, and it is based on the principle of good faith and the expendition of the contractual obligations. It can balance the interests between individuals and society, and contractual stipulations with the function of pursuing virtual justice. This thesisi finishes the systematic research on contractual collateral obligation of travel agency in order to sovles tour dispute and protects debtees'rights and interests. The whole thesis consists of four parts.Part one, which is a general research of the basic problems of contractual collateral obligation. Firstly, Comparative analysis the meaning of our predecessors on the collateral obligations defined, and defines the definition of collateral obligation on this article. Collateral obligation is the obligation which based on the principle of good faith, we can conclude that it is nor only legitimate, indefintes, but appurtenant, accessorial as well. Here the article touches upon the following main types of collateral obligationPart two is a qualitative analysis of the collateral obligation of travel agency. Summarized the specifiicity in tne collateral obligation of travel agency. Then, concretly classified the collaterl obligations of travel agency combined of the contents specified in Contract Law. To give an overview of the function of this obligation.Part three analyzes the types of liability induced by the violation of collateral obligation. In the light of our current administractive rules for Civil liabilitu provisions of the travel contract, once contractual collateral obligation is violated by travel agency, he shall assume the liabilities resulted from the breach of contract and warranty liability.. Through practical researching on typical disputes about tour contracts, this part makes a further analysis by means of studying on cases in order to confirm the liabilities of travel agency, analyzes the character of legal liabilities, and what's the result of liability to a breach and the approachs to remedy.Part four is an legalization of collateral obligation of travel agency. To annalyze the necessity and importance of this obligation from the resom taking place in travel dispute of our country Research status of current legislation of collateral obligaton of travel agency. Finally, puts forward some suggestions of this problem.