Research On The Obligation Of Cooperation In The Service Contract

According to the traditional theory of contract law,there are only general obligations of assistance,notice and confidentiality among the contract subjects,and the obligation is a kind of collateral obligation.However,the emergence of new transactions such as services shows a typical continuity.On the one hand,it causes the fundamental change of the principal position of the parties,and the service parties are no longer just an opposite interest relationship,but a complete contract interest organism;on the other hand,the content of the contract concluded by the parties tends to be uncertain,and the change of incomplete contract text and specific agreement will affect the performance of the contract.Therefore,the general obligations such as assistance are not enough to enable the smooth performance of the service contract,the process of which is more dependent on the cooperation of the other party,and the cooperation obligations naturally arise.However,China's contract law unilaterally equates the obligation of assistance with the obligation of cooperation,which has not been confirmed in legislation.In the process of compiling the civil code contract,we should respond to the particularity of the service contract and emphasize the importance of cooperation obligation for the parties to fulfill the contract.As for the integration of cooperation obligation into contract law,it can be legalized by clarifying its nature of performance obligation;and it can be further typed by combining the two types of service contracts currently stipulated and the legislative experience abroad,so as to increase the practical operability of cooperation obligation,so as to cope with the changing business practice.This paper focuses on the following issues: first,clarify the scope of service contract adjustment,further analyze the particularity of service contract,and point out that service contract is a continuous contract,and its performance requires continuous cooperation between both parties.Second,compare the difference between the obligation of cooperation and the obligation of current contract law,and then adopt the way of centralization from the obligation of payment to realize the adjustment of the obligation of cooperation in contract law.Third,the specific provisions of the obligation of cooperation are designed in a typed way.