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The Research Of Contractual Collateral Obligation

Posted on:2014-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:G D FanFull Text:PDF
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As an important part of the contractual obligations group, the contractualcollateral obligation is based on the rise and development of the principle of goodfaith in the field of contract law. With the widely usage of the principle of good faith,the contractual collateral obligation has been valued by the academia and the practice.The Contract Law in our country has made a provision in contractual collateralobligation based on the foreign theories and jurisprudences. This means a lot in thestatutory of the contractual collateral obligation. But the research of the contractualcollateral obligation in the academia always has many disputes. The provision of thecontractual collateral obligation in our Contract Law also has many problems, so thereare many probabilities to complete the research of the contractual collateral obligation.In order to do some useful research about the collateral obligation theory, the authorhas researched the circumscription, the functions, the types, the violations of thecontractual collateral obligation, and the problems in our Contract Law.There are four chapters in the article except for the introduction and conclusion.The first chapter is about the theoretical definition of the contractual collateralobligation. In this chapter, the author expounds the choice of words, the meaning, thefeatures of the collateral obligation, and the comparative analysis between thecollateral obligation and the other obligations in Contract Law.The second chapter is about the functions, the classifications and the types of thecontractual collateral obligation. This chapter expounds the five functions of the collateral obligation, the theoretical classifications and the typical types of thecollateral obligation such as the protective duty, the obligation of giving notice, theobligation of maintaining confidentiality and the obligation of notice.The third chapter is about the violations of the contractual collateral obligation.This chapter includes the nature of liability, the doctrine of liability fixation, theconstitutive requirements, and the legal results of the violations of the contractualcollateral obligation.The fourth chapter is about the rethinking of the provisions about the collateralobligation of Contract Law in our country. It expounds the statutory of the collateralobligation firstly. Then the author rethinks the provisions about the collateralobligation of Contract Law in our country and comments on that.
Keywords/Search Tags:Contractual Collateral obligation, the principle ofgood faith, Legal liability
PDF Full Text Request
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