Research Of The Civil Law On Statutory Obligationgs Of The Agreement

In real life, there is no infringement settlement agreement, breach ofsettlement agreement, maintenance agreement and other agreements in theform, the form of the above agreement there is a common characteristic,namely the signing of the agreement of the parties before the convention, Nowthat there is a statutory must be are responsibilities or obligation. This articlesaid that such an agreement model for "legal obligation agreed". The statutoryobligation of broad and narrow, a narrow statutory obligation to refer only todirect provision of civil legal norms, civil entities should be borne by theprimary obligation. Broad statutory obligation in addition to include a narrowlegal obligation, including all of the secondary sexual obligation. Legalobligation with the characteristics of abstraction, in order to clarify its contentand implementation of ways, it is further agreed. Statutory obligation and thenagreed that the structure consists of two parts, that "statutory obligation" and"agreed", in which the statutory obligation, and then agreed that is the core.Statutory obligation of the convention is not a simple sum of "statutoryobligation" and "agreed", but then agreed to the statutory obligation to organiccombination and then agreed upon as the core statutory obligation. Statutoryobligation and then agreed to determine the effect the way through the partieshave agreed that the "legal obligations" into a "contractual obligation"relatively abstract general statutory obligation to determine the specificStatutory obligation and then agreed to perform the agreement has somesimilarities, the two there is a certain difference between the analysis of theproblem from a different angle. In nature, the legal obligation to convention is a special contract, theparticularity of this particular contract and its effect is the focus of this study.Established condition, the legal obligation agreed that the addition to theestablished condition must have an ordinary contract, also called again agreedwith the statutory obligation were linked. The effective elements of thestatutory obligation agreed that in addition to the entry into force of elementsmust have an ordinary contract, also called again agreed with the statutoryobligation. To the judicial practice in China agreed legislation provides forstatutory obligation is relatively simple, loose, may cause some difficulty. It issuggested that in the future to develop the Civil Code, for legal obligation inthe debt of the General Provisions section and then agreed to develop theprovisions of the General Provisions of the Code points in the claims section,a separate chapter specifically provides that the statutory obligation and thenagreed.This article consists of five chapters, the first chapter of legal obligationagreed Overview, discusses the concept of a legal obligation to the agreedcharacteristics, nature and the establishment of the elements; statutoryobligation agreed type of analysis, focusing on the different jurisdictions thetypical legal obligation to the agreed type. Chapter III of the effectiveness ofstatutory obligation agreed, agreed on the legal obligation to determine theefficient, effective, and can be changed can be revoked, the effectiveness ofdifferent situations to be determined and invalid were discussed; Chapter IVfor the legal obligation stipulated in the legislative proposals analysis of thelegislative status quo and the existing difficulties in the judicial practice andthen agreed upon by the current statutory obligation, and certain legislativeproposals on this basis; Conclusion summarize the full text.