On The Determination Of Collateral Obligation And The Bearing Liability In Contract

As the principle of honesty and credibility of all countries'civil law established and widely used in practical,case and theorise put forward collateral obligation theory.The theme of paper based on the cognizance and liable of contract of collateral obligation.There are five chapters in text except introduction.Introduction based on the analysis of the four cases,aimed at is also the quotes for accompanying obligations,they have different trial results,Spread research in compulsory problems with pertinence,systemic way in the judicial practice.For the first chapter,the thesis states the theoretical basis of collateral obligation which include the interpretation of the concept of collateral obligation,Legal basis and the classification of collateral obligations.For the second chapter,the thesis introduce legal theory of collateral obligation compare France,Germany and china.For comprehensive understanding of collateral obligation the connotation of this system,clarify its development vein laid a foundation.For the third chapter,the thesis discusses the standards of justice of collateral obligations which include the principle of determination of collateral obligation the specific methods and the factors which cognizance collateral obligations.The author puts forward four principles which collateral obligation cognizance and analysis according to the process of cognizance collateral obligations in the case.For the fourth chapter,the thesis analysis liability which Breach of contract of collateral obligation for the first.Clear the responsibility properties using the said of Responsibility of breach,and analysis criterion of liability,States the constitutions combination of case and discusses the scope for damages for the last.For the fifth chapter,the author according to law is too simple fuzzy and theoretical system lacks of judicial deeply and unity of understanding based on the basis of our country's present situation,absorbs beneficial experience and Puts forward improving Suggestions.