On The Insufficiency And Perfection Of The Obligation System Attached To The Contract In My Country's Civil Code

Contract collateral obligations(hereinafter referred to as "collateral obligations")can be described as a big "monster" in my country's contract system.The obsolete collateral obligation in my country' s relevant legislation is manifested in Article 509,paragraph 2,of the Civil Code of the People' s Republic of China(hereinafter referred to as the"Civil Code").As a general provision,it is extremely general and single,and does not affect subsequent The principle of liability imputation and corresponding remedies shall be stipulated.In addition to legislative imperfections,collateral obligations are often criticized in theory.This theory first originated in Germany,and later absorbed and studied for European countries,and further expanded the scope of application.However,when my country transplanted this theory,it did not take into account the particularity of the legal soil of our country,that is,the collateral obligation does not adapt to the dual system of the separation of contract law and tort law in our country;at the same time,the naming of "collateral obligation" brings about the "collateral obligation".Compliance" makes the collateral obligation in a marginalized position,which is not conducive to the realization of the purpose of the contract.Therefore,it is necessary to learn the spirit of "cooperative obligation" from relevant international contract conventions,and try to explain the importance of constructing cooperative obligation from an explanatory level.In addition to the introduction and conclusion,this article is divided into four chapters.Chapter One,tracing the origin,explores the nature of the collateral obligation system.Study the formation and development of collateral obligations,including the origin,legal basis and development overview of collateral obligations;compare collateral obligations with other contractual obligations to clarify the concept and distinguishing boundaries of collateral obligations;finally,through induction and summary,grasp the collateral obligations Origin and function.The second chapter is to sort out the collateral obligation system of our country.Reviewing the historical evolution of the construction of my country's debt law,and at the same time sorting out the relevant regulations on collateral obligations in our civil law system and other relevant regulations in other laws,classifying this content.and examining related loopholes.To sort out the theoretical puzzles,including conceptual disputes,namely the disputes between the general theory and the narrow theory,the legal basis is the general application of the principle of good faith,and the dichotomy that disturbs the contract law and tort law.Correspondingly,in practice,there will also be problems of application disorder,including misuse of collateral obligations as other contractual obligations,confusion of collateral obligations,and unclear scope of application.The third chapter analyzes the collateral obligations and related regulations in the comparative law.Many scholars have proposed that my country's future legislation should learn from the development trend of Germany and develop towards the obligation of protection.Therefore,this article will focus on the analysis of the relevant legislation trends in Germany,grasp the background and reasons for its transformation to protection obligations,and analyze whether the construction of our country's contract law system should learn from this model.At the same time,it turned its attention to the "cooperation obligations" in the international contract conventions,including the "General Principles of International Commercial Contracts","European Principles of Contract Law," and "United Nations Convention on Contracts for the International Sale of Goods",etc.,to experience the "spirit of cooperation".The fourth chapter points out the future development trend of our country's collateral obligation system under the background of the "Civil Code".In response to the current ancillary obligations and protection obligations,it is concluded that the stipulation of cooperation obligations is legitimate and necessary.Explain the specific criteria for defining cooperative obligations,clarify the boundaries between cooperative obligations and agreed obligations,and the functions of cooperative obligations,and make up for the lack of collateral obligations.Finally,using the method of compiling judicial interpretation of the contract,from the perspective of interpretation theory,the "un-agreement obligation of cooperation" is put forward under the framework of the"Civil Code" to make it come true.