On The Obligation Of Payment

The complete performance of a contract requires not only the parties to fulfill the obligations of the main contract but also the obligations of the parties to fulfill the contract.Therefore,it also plays an important role in performing other subsidiary obligations related to the performance of the contract from the obligation of payment.The deeper the degree of social development,the types and forms of contract transactions are also increasingly diversified and complex,which requires a clear understanding of the possibilities of the performance of the contract.It is due to all kinds of failure to perform or do not fully fulfill the contract from the payment of the case disputes resulting in litigation and disputes,the abiding party requires the other party to perform from the payment obligation or to claim damages,or even the termination of the contract requirements.It is precisely because there is no specific agreement,no specific enforcement,and no specific legal provisions in the contract transaction practice,which makes us more aware of the important obligations of the contract from the payment obligation in the contract and the debt debt relationship.This is a study that we attach great importance to.Background.This paper studies some legal problems that may result in breach of contract obligations from the payment obligation.From the confirmation of contract payment obligation,the author analyses the stipulation of the obligation from the 136 th article of the contract law and analyzes the basis of its general connotation in order to sum up and explore the ways to solve the disputes in our country in theory and practice.In this paper,after drawing on the discussion of foreign famous scholars and their extraterritorial legislation and practice,this paper distinguishes the contract from the obligation of payment and the accompanying obligation in combination with the practical judicial practice of China.In view of the legal consequences of breach of payment obligations in the contract law of China,the author puts forward his own views after fully studying various doctrines and proves that the view is correct through a specific case.From the perspective of jurisprudence of various countries,it is argued that the breach of contract is a category from the obligation of payment to the obligation that is not fully fulfilled.To a certain extent,it belongs to the concurrence of the liability for breach of contract and the liability for tort.Although the 107 th article of China's contract law stipulates that the rule of strict liability adopts the liability for breach of contract,it is violated by the characteristics of the obligation of payment,which is not equal in a certain range from the obligation of payment and the main payment obligation.Generally speaking,the creditor does not have theright to rescind the contract.However,if the contract violates the contractual obligations,the contract holder will enjoy the right to rescind the contract.