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The Research Of Contractual Collateral Obligation

Posted on:2013-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
GTID:2256330374974389Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Contractual collateral obligation is an obligation form opposite to contractualpayment obligation. It has been neglected for a long time because its statussubordination in the obligation within the Contract Law. However, contractualcollateral obligation’s establishment reflects the value of the principle of good faithand remedies the deficiency of law of obligation. The study of contractual collateralobligation is an important issu e in contract law. This paper is prepared to carrythrough a research of historical development trend, concept and characteristics, typesand determination criterions, and legal liabilities related to collateral obligation.In addition to the introduction and conclusion, the full paper is divided into fourchapters:Chapter1: Formation and Development of Contractual Collateral Obligation. Inthis chapter, the author tries to hackle skeleton of the theory of contractual collateralobligation and its development of legal system, in order to reveal the trends andhistorical causes of this theory. Then draws a conclusion, that is, the legalization ofcontractual collateral obligation is determined by its history and its owncharacteristics. Therefore, it is inevitable that the contractual collateral obligation willbe established clearly in the future.Chapter2: Basic Theoretical Analysis of Contractual Collateral Obligation.Firstly, the author discusses that the legal basis of contractual collateral obligation isprinciple of good faith. Then defines the concept of contractual collateral obligation and conclude5characteristics of it. On this basis, make comparison of contractualcollateral obligation and other contractual obligations and analyses the types anddetermination criterions of contractual collateral obligation.Chapter3: Legal Liability of Violating Contractual Collateral Obligation. Firstly,the author analyses the nature of legal liability. Then draws a conclusion: the breachof pre-contract obligation leads to contracting fault liability, the breach ofpost-contract obligation and performing contractual collateral obligation leads to aspecial liability for breach of contract. Secondly, the author explores the doctrine ofliability fixation and civil liability form of contractual collateral obligation.Chapter4: The Deficiency and Perfection of Contractual Collateral Obligation inOur Legal System. The deficiency of contractual collateral obligation in current lawlegal system, including: did not define the concept of contractual collateral obligation;the standard of determining obligation is unreasonable; the enumeration of contractualcollateral obligation is not accurate; relief system of breaching contractual collateralobligation is imperfect. The perfection requires: an abstract terms; clear determinationcriterions; a clear liability fixation and civil liability form;a rich theory of contractualcollateral obligation with the help of judicial interpretation.
Keywords/Search Tags:Contract, Collateral obligation, good faith, legal liability
PDF Full Text Request
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