Development And Accompanying Connotation Contractual Obligations

According to the theory of Contract Law in China, for the contract which hasbinding force, the contractual obligations include legal obligations stipulated by lawand obligations agreed by the parties concerned. The scope of contractual obligationswas determined by content of legal obligations and obligations agreed.With thedevelopment of social economy and complication of social life, people’sunderstanding towards variety of social relations have changed, meanwhile the newcontract relationships were produced. The content and scope of traditional contractcould not meet the needs of social progress. In the sense of law, people need toconsider more and more comprehensively on the whole performance of contract, evenincluding before the contract signed and after the contract executed, and possibility ofmore rights and obligations of the parties to the contract relations, to ensure thecontract fulfilled completely, and ensure the other party’s such lawful rights andinterests as personal, property, etc..Therefore, contractual obligations are bound to develop, expand, then, collateralobligation is generated. With the enlargement of contractual obligations, there aremany different opinions arising out of scholars regarding concept of collateralobligation, legal determination, responsibility judgment, which result in majordifferences in civil and commercial trial. That is also one of the difficulties. Thepurpose of this thesis is to clarify and define the differences between collateralobligation, which occurred in different phases of formation, performance of contract, and other contractual obligations, by researching the connotation, scope, andcharacteristics thereof. So as to provide useful inspiration and help to the industry, theparties and related personnel, and also discuss the feasibility and operability ofCollateral Obligation under Chinese law. Unifying theory is to unify practice, so as toprovide some reference for the collateral obligations in practice.In addition to the introduction and conclusion, there are six chapters in thisthesis,The first chapter is the generation of collateral obligations, including the originand generation principle thereof. Talking from the origin of collateral obligations,involves in three countries which are Roma, France, and Germany. Subsequently,discussing the generation principle of collateral obligations, and drawing theconclusions that collateral obligation is the legalization of moral obligation in honesty.The second chapter is the definition, scope and characteristics of the collateralobligations, including the definition, scope and features of the collateral obligations.This chapter discussed the legal elements necessary of collateral obligations as a legalconcept.The third chapter is about the content of the collateral obligations with one casestudy, so as to prove that although the collateral obligations are not paymentobligation, whether the collateral obligations implemented, and the degree ofimplementation of the contract has directly decided and impacted the direct benefitsof Parties to the contract.The chapter four is the comparison between collateral obligations and paymentobligations, mainly related to the differences between collateral obligations and thepayment obligation.Comparison between collateral obligations and payment obligations regardingthe content of obligations, the impact incurred to the contract performance andviolation liability and so on.Chapter five is the legal responsibility of violating collateral obligations indifferent stages. In accordance with the contract behavior occurring chronologically,from the conclusion of the contract, effectiveness, performance and completion after different stages, analyze the legal liability should be borne by virtue ofviolating Culpa contracting stage, the collateral obligations in contract execution andthe contractual obligations.Chapter six is conclusion.