Collateral Obligation

Collateral obligation theory was born in Roman times,and it is gradually developing and maturing through France law , Germany law, and improving by Japan, the Netherlands and other countries, the legal status of the contemporary system of incidental obligations established in the legal system . The value of the incidental obligations system is out of theorists and going to get public recognition and to be more widely used in legal practice .The incidental obligations is the product of social and economic development, and more to be the care of the principle of good faith to security value in the economic relations. It breaks through the traditional obligations of the incidental obligations arising from a statutory or contractual basis,though the structure of rights and obligations of the other, the obligations of duty desiring the right to appeal, with its unique architecture and the way to penetrate to every corner of civil activities, closely around the the purpose of full implementation.The passage is written with historical, logical analysis, and the legislation comparison method, analysising the incidental obligations 's basic theory and practicing of legislation deeply. The first chapter distincts and sorts basic concepts, historical development and the similar concept of the incidental obligations; Chapter II describes the value ,the forms and the basic theory of the incidental obligations to lay the foundation of analyzing and discussing; Chapter three involves the enactment of legislation and practical application of the theory in-depth analysis and discussion with using the corresponding theory and practice perspective; Chapter IV lists the incidental obligations in the performance of our legislation, combining with the first three chapters of the theoretical analysis of the shortcomings, and puts forward a sound basis as views, intending to improve the benefits by the shallow views of the contingent obligation.