The Reseaerh Of Collateral Obligation

The collateral obligation of contract is one of the important achievements of thedevelopment of modern debt relationship theory, and it has great influence to debt functionand civil responsibility system. One of the important contents of the reform of Germandebet law in2002is achievement of legalization of German collateral obligation, and it hasa profound effect on civil law countries. The Contract Law in my country has makedprovison in collateral obligation, but it is not perfect. The form of collateral obligation ismostly due to doctrine of precedent, and there are many questions in theory, so the use ofcollateral obligation in juridical practice is jumbled, and these situations on the one handcan influence unifying application of law, and on the other hand can do harm to theauthority of law. At the same time, because of the auxiliary and uncertainty of collateralobligation, the research of it should be completed in practice. The article has researchedcollateral obligation comprehensively and systematically in the definition of concept ofcollateral obligation, basic questions of collateral obligation, the identification of form ofcollateral obligation, and the legal effect of violate collateral obligation and so on, and istrying to explore something useful to the law application of collateral obligation.There are four chapters in the article except for the introduction and conclusion.The first chapter is the definition of concept of collateral obligation. There areintroduction of the concept、character、the nature of law,and definite the meaning ofcollateral obligation again by the comparison with contract payment obligation and not realobligation. The second chapter is the basic questions of collateral obligation. It specificlyintroduce the form and development of collateral obligation, the jurisprudence basis ofcollateral obligation and the values of collateral obligation.The third chapter is the identification of form of collateral obligation. By thecomparison with the standard of definition of collateral obligation and the form ofcollateral obligation, and the introduction of German scholars’ views and our Taiwandistrict scholar’s views, this chapter define the form of collateral obligation.The fourth chapter is the legal effect of violate collateral obligation. This part is theemphasis of the article. It introduces the principle of imputation of the violation ofcollateral obligation, the nature of responsibility and leagl remedies of the violation ofpre-contract obligation、collateral obligation of contract and obligation of contract. Itfocuses on when someone violate collateral obligation of contract, whether the appealfulfillment, the defense right of fulfill at the same time, and the range of compensate ofdamage and revocate the contract or not and so on.