The Research On Obligations Of Bailment

Obligations are separated into two parts, bailment agreement obligations and legal bailment of obligations:The parties agreed to keep the meaning of obligation that is consistent with the premise of obligations arising from bailment, The legal obligation is based on the bailment of the law and of course keeping obligations arising from, the parties are not in agreement as a precondition. Conventions safekeeping obligation exists not only in our country under the bailment contract law among the contract, but also in other legal relationship, such as the borrowing contract obligations for the safekeeping of the subject matter, but the former is the primary obligation of the latter from the obligation; Legal obligations of bailment of legal norms in our country rarely involved, mostly doctrinal interpretation or controversy, Taiwan, China and other countries Civil Civil Code has been involved in legal bailment of the legislative obligations. In judicial practice activities, with the safekeeping of legal challenges related mainly manifested in two aspects: One aspect of the agreed obligations and others, such as bailment, loan, lease, commission and other legal relations of distinction; Another aspect is the legal obligations and the agreed bailment safekeeping obligation relations. Combing agreed obligations and legal bailment obligations of bailment related systems framework, the paper adopts a typical case analysis, starting from the analysis of typical cases, Aims on the one hand to sort out bailment and safekeeping of legal relations, borrowing, leasing, commission and other legal relations of difference, Other hand, the legal obligations of bailment Components and Analysis of relevant systems and expressly agreed obligations and legal bailment obligations of bailment relationship. Finally, the combination of judicial practice and legislation in other countries and regions, proposed several legislative system improve our obligations of bailment recommendations.