Research On Collateral Obligation Of Contract

The core of debt obligations as obligations,including payment obligation,collateral obligation and obligation,the collateral obligation is the content of this paper.Article 60(2)of the Contract Law of the People's Republic of China has reached a consensus on the provisions of the contract.However,some basic questions about the contractual obligation system are debated.The collateral obligation of the contract has been questioned since the beginning of its birth and grew up in doubt.In our country,although the research on contract collateral obligation has always existed,but it is all about the theory,the proposed theory is also a summary of the theory.Now,when the codification of the civil code of our country is carried out,the further study on the contractual collateral obligation can be carried out in the process of the compilation of the contract law.To improve is to find out the problem,so this paper put forward the contractual collateral obligation system in our country and the existing problems in legislation in China's current legislation on the provisions of the obligation,with the main connotation and extension is not clear,the imputation principle of dispute and the lack of provisions on the legal consequences of the three aspects of the main problems.Secondly,through a detailed analysis of the problems,points out that the contractual collateral obligation is based on the principle of good faith,according to the performance of protection of the collateral obligation of the nature and purpose of the contract and trading habits,different from the payment obligation and obligation and security.Its specific forms include the duty of notification,the duty of assistance,the duty of protection,and the obligation of confidentiality.The principle of liability for breach of contract collateral obligation should be the principle of fault liability.Breach of contract collateral obligation,the principle can not continue to perform the request or terminate the contract,but the contract also has to continue to perform the possibility and necessity and purpose of the contract because of its violation is difficult to achieve,the creditor may require the debtor to fulfill the corresponding or termination of the contract;the damage compensation should pay attention to apply the principle of predictability.And the non property damage compensation cautious.Finally,according to the above conclusions in the law to adjust these issues,embodied in the "Contract Law" Article 43,Article60(2),Article 92,Article 107 and Article 112 to make corresponding adjustments to try to improve Incidental Obligation in China 's Contract Law.In the process of writing,this paper mainly uses comparative analysis and empirical analysis,trying to make the argument more convincing.