Responsibility Study Of Post-contractual Obligations After Violation

With the rapid development of today's society and economy,the number of transactions increases continuously,the degree of transactions gets deeper and deeper,the types of goods and services expand gradually,and there are more and more disputes.The contract is indispensable in the transaction process,which can be said as a vital component,and the disputes involved are often related to the contract.Nowadays,more and more disputes are related to post-contract obligations.The post-contract obligations is used to maintain the fulfillment of the contract,deal with the aftermath and protect the interests of the parties in a better way.At the same time,our country's laws and regulations regarding the responsibility and liability for breaching post-contract obligations are not perfect,and the existing regulations are far from enough.Therefore,it is necessary to gradually deepen the exploration and research on the liability of the post-contract obligations.The significance of this research is that it can promote the construction and optimization of the post-contract obligation system,explore and analyze the character of the responsibility that is needed to be assumed after breaching the post-contract obligation and establish the relevant liability system.The problems this article mainly wants to solve are as follow:first,combing through the system of post-contract obligations.According to Article 92 of the Contract Law,post-contract obligations include notification,assistance,confidentiality and other ones.I try to systematically comb them through according to the analysis of the post-contract obligations.Second,determining the character of liability for breaching the post-contract obligations.There are great disputes concerning its character,and the opinions of scholars vary.The opinions they hold are mainly the theory of fault liability in contract,the theory of liability for breach of contract,the theory of liability for tort and the theory of liability for post-contract(or liability for post-contract).I try to use the method of comparative analysis to put forward my own opinion through exploring the theories of the character of liability for breaching the post-contract obligations.Third,determining the elements of responsibility.According to the obligation and liability system,where there are obligations,there are responsibilities.Although the Contract Law has clearly stipulated the post-contract obligations,it does not stipulate the civil liability that the violators should assume after violating their obligations in the following content.I start from the general civil liability and explore the key components of this liability.Fourth,exploring the form of the post-contract obligations after breaching the contract.The character and key components of the liability have been determined.In terms of the form of the liability,some scholars believe that damages is applicable,while some scholars hold the belief that they should continue to fulfill the contract in addition to damages.Fifth,the suggestions on optimizing liability legislation need to be put forward.The status quo of liability legislation is analyzed and legislative suggestions are put forward,and I hope that it would be of great help to the later legislative and judicial work.