Research On Contractual Collateral Obligation

The rapid development of modern social economy,increasingly complex social relations,these factors have a great impact on the concept of the traditional civil law,change the individual standard to social standard,the principle of freedom of contract is gradually to the principle of good faith displacement,which gave birth to the diversification of the origin of contractual obligations,the obligations of the contract is no longer limited to the parties and the legal provisions,contract collateral obligation arises at that historic moment.On the basis of drawing lessons from foreign theories and cases,China has incorporated some provisions of contract collateral obligation into the contract law,which is an important step in the legalization of contract collateral obligation.However,study on contract collateral obligation has much controversy in the theory circle of our country,the scope,form,principle and legal effect,and even the basic concept of contract contract collateral is no consensus on the theoretical research,There is still much room for development.The theory of disunity caused the practice confusion to master and use it,parties to a contract may pay serious economic losses because of not well understand the collateral obligation,Not even to complete the transaction;because there is no uniform accurate standard,may cause large differences in civil and commercial trial.In view of this,this article attempts through the connotation of the range of collateral obligation,value,main types,research standards and legal responsibility,to clarify the collateral obligation and contract obligations in other obligations,clear how to determine the collateral obligation of contract standards and methods,illustrate the legal effects of breaching collateral obligation.Among them,the identification of collateral obligation and imputation is one of the key and difficult points,which is also the focus of this paper.This paper is divided into the following five chapters:The first chapter is the purpose and significance of the study,and introduces research and theoretical results of the domestic and foreign experts and scholars in this field,Learning advanced knowledge is conducive to better research.The second chapter is the general theory of contract obligation,starting from the definition of its concept,introduces its characteristics,expounds the theoretical basis and itsvalue pursuit,the principle of good faith is the theory foundation of contractual collateral obligation.In the third chapter,I introduce the types of collateral obligation of contract.Firstly,I introduce the classification of domestic and foreign experts and scholars,and then expounds the views of this paper,and introduces the main types of contract collateral obligation.The fourth chapter is about the identification of the contractual collateral obligation.As for the practice,how to identify the contractual collateral obligation is an important issue,and it is also the difficult point of the theory,so this paper is focus on this chapter.From the abstract to the concrete,this chapter introduce the principle,factors and specific methods of contract collateral obligation.The fifth chapter is the legal liability for breach of collateral obligation.This chapter includes the violation of collateral obligation liability,imputation principle,and the legal consequences of breach of collateral obligation and other issues.