Research On The Definition Of Collateral Obligation

In theory,the collateral obligations of contracts are mostly entangled with other related concepts.First of all,from the vertical perspective of the system of obligations,the collateral obligations are floating on the edge of the payment obligation,and it is difficult to distinguish between the principal payment obligation and the secondary payment obligation.Secondly,from the horizontal perspective of the formation of the debt relationship,the collateral obligations are also existing in all stages of contract formation.From the perspective of our country’s legislation,the existence of culpa in contrahendo seems to put the collateral obligations into the stage of contract performance.Thirdly,due to the overlap of the collateral obligation in the contract and the duty of maintiaining safety in tort law in terms of the object of protection,the dispute over the nature of the collateral obligation arises.It is necessary to sort out the relationship between the two.From the perspective of German legislation,the purpose of collateral obligation is indeed to make up for the defects of tort law,which determines the inevitability of its vague nature.However,it is unquestionable that there is a difference between the collateral obligation in contract law and duty of maintiaining safety in tort law.In the protection of inherent interests,the collateral obligation also has its existing value.The problem of the relationship theory is also reflected in practice,and there is a phenomenon of confusion in the use of the concept of obligation.From the perspective of obligation distinction,the issue of the identification of collateral obligations has a positive effect on distinguishing collateral obligations from other obligations.When determining collateral obligations,the principle of good faith,the principle of conservation of resources and protection of environment,the principle of appropriate limitation,the priority but not limited to the agreement or legal provisions of the parties must be followed,and the purpose and nature of the contract in the specific case,the reasonable expectation possibility,interest measurement and other factors must be considered in a comprehensive manner,to minimize the confusion in the use of the concept of obligation a much as possible.