Try To Talk About The Contract Of Collateral Obligation And Breach Of Contract The Responsibility Of The Collateral Obligation

The theory of collateral obligation of contract has gradually established in the jurisprudence ofthe German doctrine. For China’s theoretical community and the practitioners is still stays at thedevelopment and improvement stage, the collateral obligation of contract, many problems intheoretical circles there is no consensus, there are many aspects to scholars and experts to studyplaces. In view of this, the judge in these cases, the use of the theory of collateral obligation ofcontract to resolve contract disputes will inevitably lead to bias, especially for the problem ofidentification on breach of affiliated obligations of the contract. How should relief for breach ofcontract accompanying obligations also need to improve the theoretical. The basis of existingresearch results on the identification and responsibility to sort out the breach of affiliated obligationsof the contract and elaboration of the Collateral Obligation theory of the contract the rich help of thetheory of collateral obligation of contract.The paper can part three parts:The first part describes the concept of collateral obligation of contract definition introduces anumber of scholars for the contract the definition of the concept of collateral obligation of contract,the last used in Taiwan Mr. Wang Zejian point of view. Also compared collateral obligation ofcontract and the contract, the main benefit obligation contract from the benefit obligation and the realobligations can more clearly understand and grasp the accompanying obligations of the contractfrom the comparison.The scecond part describes the identification of collateral obligation of contract. Analysis of theprinciples and methods of collateral obligation of contract identified specific analysis of theidentification of four basic collateral obligation of contract. China’s Contract Law "Article60(2)explicitly provides for the obligation to notify, to assist the three kinds of obligations andconfidentiality obligations Collateral Obligation type, but because of the uncertainty of collateralobligation of contract, the law can not exhaust all the collateral obligation of contract type, the realityof economic exchanges diversity and variability, making the law does not require the type ofCollateral Obligation will appear in the reality, so this part of the binding legal provisions and practical economic exchanges, the recognition of the obligation of contracts accompanying empiricalanalysis.The third part of the breach of contract on civil liability for collateral obligation of contractanalysis, from the nature of the breach of collateral obligation of contract of civil liability, attributableto the principle of form elements and the responsibility to analyze such a clear understanding of thebreach of collateral obligation of contract obligations, damaged how does the relief.