On Contractual Green Obligations

The green obligation is a new contract obligation that the contract parties should be conducive to resource conservation and the ecological environment protection.This is a positive response to the needs of ecological environment and natural resources protection by the contract law.To solve the increasingly serious problems of resources and environment,the green clause of contract has existed for a long time in the practice of contract.With the establishment of the green principle of general principles of civil law and the introduction of relevant green rules into the contract part of the draft civil code,the inevitable trend of solving the problems of resources and environment by means of civil law is confirmed in legislation.However,there are still controversies on such creative provisions,which will inevitably lead to special difficulties in the realization of green obligations in contract law: The boundary between green obligation and other contractual obligations is unclear,and there are still differences to classify green obligation as collateral obligation;it is also uneasy to adjust the public nature of resource and environment protection and the freedom of contract;and there is still no basis of claim right for green obligation;and it is urgent to establish its own practice guidance system without experience to refer to.Therefore,it is necessary to systemically sort out the realization possibilities of green obligation from the aspects of legislation,law-abiding and judicature.First of all,the specific rules of green obligation should be reasonably designed in the compilation of new civil code,to clearly define green obligation as collateral obligation or separately set up green obligation rule system;secondly,the publicity and popularization of these new rules should be strengthened,and relevant auxiliary implementation mechanisms should be set up to eliminate the obstacles of law-abiding,to encourage people to obey the law because of their own green rights;finally,the restriction of discretion should be strengthened,and judicial practice guidance such as judicial interpretation and case guidance should be gradually formed,so as to promote the efficient and fair judgment of relevant cases.