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Post Contractual Obligations Study

Posted on:2019-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:J J ZhaoFull Text:PDF
GTID:2356330542482023Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an important part of the contractual obligations group,post-contractual obligation,which is derived from the principle of good faith,constitute architecture of the contractual obligations with the first contract,contract payment obligations,and collateral obligation.The establishment of the post-contract obligation is of great significance for the comprehensive performance of the contract and the comprehensive protection of the legal rights and interests of the parties.This paper is based on the existing researches about legislation,legal cases and theories of post-contractual obligation.Making integrated use of comparative analysis,induction,deductive method and other methods to analyze post-contractual obligation.The conclusion of the paper is that the post-contractual obligation should be an independent form of obligation.Existing contracting fault liability,liability for breach of contract and tort liability can't completely cover after the violation of obligations under a contract.The contract liability should be stipulated in the contract law to regulate the behavior of breach of contract obligations.In a word,comprehensive research on the contract obligations and responsibility for violation of the contractual obligations is in order to improve the theoretical system of contractual obligation and responsibility in our country,and to build our country law of contract of contract obligation,responsibility,after relief way to coordinate the existing legal framework.
Keywords/Search Tags:Principle of honesty and credibility, contractual relationship, post contractual obligation, post-contract responsibility
PDF Full Text Request
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