Practical Review Of Contract Release On The Basis Of Violation Of Collateral Obligations

In judicial practice,cases of breach of collateral obligation demanding rescission of contract often occur.Among them,the definition of collateral obligation has caused widespread controversy,and the relationship between collateral obligation and rescission of contract is still vague in law.In the current law,the concept of collateral obligation and the rescission of contract caused by it are too superficial and general,too principled,lack of clear guidance,and unable to meet the complex needs of the case,so that the phenomenon of "different judgments in the same case" occurs from time to time.Based on the trial practice of rescission of contract caused by breach of collateral obligation,this paper comments on the reasons and results of judges’trial.Based on the legal analysis,this paper clarifies the controversial legal issues in loan cases,explores the definition of collateral obligation,and gives a reasonable explanation of the relationship between collateral obligation and contract rescission.The judicial practice is reviewed to find a way out for cases of breach of collateral obligation requiring rescission of contract.In addition to the introduction and conclusion,this paper is divided into three parts,the structure and ideas are as follows:The first part is to sort out the current situation of judicial adjudication for rescission of contract on the grounds of breach of collateral obligation,distinguish the cases in practice according to the types of collateral obligation,and through sorting out the thinking of adjudication,lead to the definition of collateral obligation and the relationship between it and rescission of contract.The second part is the theoretical exploration of the relationship between collateral obligation and contract rescission.First,it introduces the common theory of collateral obligation and compares it with other types of obligations in debt group.Then it discusses the theory of contract rescission.It points out that there are two main situations for rescission of contract in violation of collateral obligation:the failure of contract purpose and the breach of protection obligation.The third part is to review the existing judicial judgments in the light of theory,and put forward that the collateral obligation should be defined in the light of the purpose and nature of the contract,the principle of good faith and other aspects.In practice,we should carefully grasp the relationship between the collateral obligation and the rescission of the contract so as to make suggestions on judicial practice,reduce the phenomenon of "different judgments in the same case" and promote the fairness and justice of the law.