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The Cognizance Of Contract Accompanying Obligations

Posted on:2014-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
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Contractual collateral obligation refers to the performance of the contractprocess,based on the principle of good faith,the parties to a contract for theprotection of the opposite party beyond the personal and property interests and bearthe obligation of compulsory. That obligation in contract is the premise of judging thecivil liability and bear. Report of that obligation in the case has always been animportant problem in practice,in the judicial practice of our country,court ofcontractual collateral obligation the application of the made a meaningfulexploration,but also relatively simple to understand and apply the obligation.Contractual collateral obligation in judicial determination of the most prominentproblems in the process of the deviation is determined on the nature, the judge willoften incidental obligation and confusion from the payment obligation,which is thedevelopment of obligations in contract relations results. Overall,the scholars of ourcountry to contract with theoretical research obligations no more unified view,andChina’s "contract law" provisions of the contract attached obligation in general andabstract,only in general terms and scattered sporadic contract specific sections of thelaw,lack of integrity of the system structure,there is no specific standard,difficultto judge on the judicial determination of collateral obligations.The first part of this case are introduced briefly,and summed up the focus ofcontroversy and disagreement,which,the author analyzes the differences of opinion,summed up the focus of the dispute is the obligation and obligation of distinguishingconcept.The second part focuses on the focus of controversy,the collateral obligation andobligation of subordinate performance is defined in theory,through the analysis of thedomestic and international scholars view that: from the obligations and thesupplementary duty concept is the dividing line between the realization of creditor’sbenefit obligation auxiliary into from the payment obligation is attached duty,and onthe basis of collateral obligation is discussed. I think that should be classified as theobligation of assistance payment obligations,rather than collateral obligation. The third part of the court according to the parties to the contract havingcognizance of collateral obligation in two basic facts were discussed according to thefacts, first, based on the definition of the first part and the second part summarizesthe theory of identification from the payment obligation and collateral obligation ofspecific criteria,degree of two kinds of obligations in to achieve the purpose of thedebt and the different benefits protected; in addition,according to the second facts,the author believes that the parties to a contract do not exist to fulfill theirobligations,and should be based on the principle of change of circumstances ofcontracting negligence or specification.The fourth part summarizes the consequences of violation of obligation law,compared with the breach of obligation responsibility,because does not have thepossibility to continue to perform the actual fulfillment,civil liability for breach ofcollateral obligation to include only the compensation for damage,the author detailedanalysis of case for breach of collateral duty does not constitute a contract is difficultto achieve the purpose of the exclusion of the exercise of the right of cancellation ofthe contract.The fifth part on the basis of the previous part,conclusion of this case study isanalyzed,the author thinks that the lessor has the obligation of debtor impede theexclusion from the payment obligation,rather than collateral obligation,and when thecontract due to defective lessor obligation is difficult to achieve,the lessee has liftedthe contract and claim damages rights.
Keywords/Search Tags:From obligation, Collateral obligation, The main payment obligation
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