Study On The Obliegenheiten

The obliegenheiten is a vexed problem since it was produced, it is weaker than the other"real obligations",people can only detract from their rights or undertake any disadvantagewhen he breaks them. The rule of mitigation that prescribed in the Contract Law of China is atypical example of obliegenheiten. However,investigation about obliegenheiten until now isnot enough and opinions on it are differed. So, the author is trying to promote this theory fromthree aspects,namely the basic theory,the value judgment and the orientation ofobliegenheiten.First of all, the author expounded the basic theory of this institution. By reviewingrelated rules and regulations in different countries about obliegenheiten, the author found theorientation of this obligation in other countries. Then, by introducing different doctrine aboutobliegenheiten,we can discover its characters.Secondly, this article stresses on the independence of obliegenheiten. By following therules of logical induction, the author concludes approved and opposed attitudes on theindependence of obliegenheiten. Indeed, the obliegenheiten is similar to complete the systemof limitation of action,the rule of contributory negligence and the damage causalrelationship,but the connotation of them are different, we can’t put it in these regulations.Thirdly, this paper struts the judgment that obliegenheiten can be put in the theory ofCollateral Obligation. Here, the author proves this judgment from four aspects, namely thesemantic traceability between obliegenheiten and collateral obligation, the connotationanalysis of them, the comparison of their different types and the obligation community. Fromthe perspective of comparative law, we can find that, even in the countries that theory of civillaw is mature,such as Germany, France and Switzerland, obliegenheiten is not a independentone. From the perspective of national law, we find that obliegenheiten was introduced intoChina when the theory of collateral obligation was not mature, now this problem is not exist.So the limits between them can be canceled, obliegenheiten is a special form of collateralobligation. The obligation community can only be divided into Payment obligation andCollateral obligation.Finally, the author comes to a conclusion by combing the article, outlined the completepicture of obliegenheiten.