The Research Of Collateral Obligation Of Contract

Collateral obligation which is the product of contractual liability expansion, is an important system in contract law. It serves to balance the interests between the parties, to realize the substantial justice, to makes up insufficiency of legal and agreement between the parties. After nearly one hundred years’development, collateral obligation theory has made periodical research results and is widely accepted by many countries. In Chinese Contract Law, it prescribes collateral obligation but it is not perfect. The concept of collateral obligation, its nature, value function, concrete types, responsibility and the liability principle issues remain to be clarified. In practice the application of collateral obligation is in confusion. Therefore, this article elaborates from the basic theory of collateral obligation to its historical evolution and responsibility of violations, and it puts forward the idea of building protective responsibility in civil law, so as to carry on the beneficial exploration of collateral obligation.Apart from preface and conclusion, this article consists of four chapters:The first chapter is an overview on the theory of collateral obligation. It introduces the concept of collateral obligation, its nature, characteristics, content, functions, and the comparison with related concepts in detail, thus arriving at the clear definition of collateral obligation.Chapter two is about historical evolution of collateral obligation. It introduces the background of collateral obligation, the evolution of relevant theories and judicial practices in various countries, and systematically explains the development course of collateral obligation.Chapter three is about various factors in responsibility caused by violations of collateral obligation. Specifically it elaborates the nature, liability principle, constitutive requirements and the forms of responsibility of violations of collateral obligation, with a clear grasp of responsibility of its violations.The fourth chapter discusses the new trend of relationship between collateral obligation and security obligation, and civil liability system. This part will expound regulative mode of relationship between the two in typical countries and will introduce German’s unified protective obligation theory, thus demonstrating the establishment of unified protective obligation in Chinese Contract Law. Finally rethink civil liability system from the perspective of unified protective obligation, in order to benefit judicial practices in China.