The Research On The Relationship Between Violation Of Collateral Obligations And Termination Of Contract

The collateral obligations are based on the principle of good faith and they play an important role in protecting the legitimate interests of both parties.Collateral obligations are stipulated in the laws of many countries?regions?,or although they are not clearly defined,they are all involved.In 1999,China's "Contract Law of the People's Republic of China" for the first time stipulated the collateral obligation,but in the development of the theoretical and practical circles of our country,there are still many problems that need to be resolved.The concept and type of collateral obligations have not been clearly defined,and there is no conclusion on whether the contract can be terminated in violating of collateral obligations.This article will analyze and study the related issues of the relationship between collateral obligations and contract termination.The right to terminate a contract is a remedy that the parties enjoy in order to protect their legitimate rights and interests.China's "Contract Law" provides for statutory reasons for the termination of a contract.When the prescribed reasons arise,the parties can terminate the contract.Whether the contractual relationship can be terminated by violating the collateral obligations is clearly stipulated in the German Law on Modernization of Debt Law,but it is not clearly stipulated in our country,and there is still controversy in theory.Some scholars hold affirmatively and believe that they can exercise the right to terminate the contract in violation of the collateral obligations;some scholars hold a negative opinion,arguing that violation of the collateral obligation cannot terminate the contract;some scholars hold a compromise,saying that in principle,the contract cannot be terminated in violation of the collateral obligation,but in special circumstances,the right to terminate the contract can be exercised.The first part is a general interpretation of the relationship between breach of contract obligations and contract termination.In this part,it mainly starts with the legal reasons for contract termination stipulated in China's"Contract Law",and analyzes the circumstances under which breach of contract can lead to the termination of the contract.And at the same time,it states whether the collateral contract is included in the termination of the contract in breach of contract obligations.The second part elaborates the theoretical disputes about the termination of the contract in violation of the collateral obligation.There are three main points of view in this field in academic circles,namely,affirmative,negative,and eclectic.In this part,the author specifically discusses the opinions of scholars on this issue,and summarizes them,and concludes that violates the collateral obligations may not be terminated in principle,but they can be cancelled in special circumstances.The third part sorts out the legislation by violating collateral obligations at home and abroad to terminate the contract.In this part,we mainly summarize the current provisions of Germany,Japan,the United Kingdom,Taiwan,and China 's domestic laws,and summarize the legislative provisions of these countries.The fourth part discusses the constituent elements of the termination of the contract in violation of the collateral obligation,that is,the act of violation of the collateral obligation,the right holder has been harmed,the act of violation of the collateral obligation has a causal relationship with the fact of the damage,and the subjective subjective fault.The fifth part is the prospect of the trend of terminating the contract in violation of the collateral obligation.In this part,the trend of the termination of the contract in violation of the side of the obligation is explained from the trend of practice,theory,and legislation.This article conducts a preliminary study on the relationship between the breach of the obligation and the termination of the contract.It is hoped that more scholars can put forward their views and provide more theoretical basis and support for the problem of the contract and the termination of the contract in judicial practice.