The Research On Violation Of Collateral Obligations And Termination Of Contact

As one of the contents of the contract,the collateral obligation arises from the principle of good faith.The contract also includes the main payment obligation and the subordinate payment obligation.No matter what kind of breach of contractual obligations,the contract can be changed or terminated through consultation between the parties,which is in line with the general principles of social operation and legal operation.There is no doubt that the breach of the primary payment obligation can produce the legal right to terminate,while the breach of the secondary payment obligation has theoretical disputes on this issue,especially the breach of the collateral obligation,which is related to the realization of the purpose of the contract or the realization of the auxiliary purpose of the contract,but the importance or influence of the collateral obligation on the contract is far less than that of the payment obligation.Since the collateral obligation was first stipulated in the contract law of our country,the relevant issues of collateral obligation have not been determined.Until today,the specific scope of collateral obligation,the boundary,source and nature of payment obligation and other important issues have not been determined.There are many disputes in theory and practice,leaving many questions and obstacles for the application of the relevant system of collateral obligation in our country.The specific boundaries of collateral obligations are controversial in theory.The object of this study,that is,the cases in practice,mainly focus on the collateral obligations in the performance of contracts.The protection obligations are part of the collateral obligations and are recognized in practice.Therefore,the research in this paper is Ancillary obligations in contract performance,including obligations to protect.The first chapter analyzes whether the collateral obligation can produce the legal right of rescission from three levels.First,at the level of judicial practice,it sorts out,summarizes and explores the disputes and practices in practice by fully searching the precedents of courts at all levels and regions;Second,on the level of legal theory,the article will list the main views and reasons of affirmation,negation and other theories,and put forward the views and reasons of this paper on this basis;Third,at the level of legal provisions,by combing the relevant legal provisions,it demonstrates that under China’s existing civil law system,the violation of collateral obligation can produce the legal right of rescission,which has a legal basis.The second chapter discusses the elements of the right to terminate the collateral obligation.On the basis of recognizing that the breach of collateral obligation can be remedied by terminating the contract like the payment obligation,the article also focuses on the differences between the collateral obligation and the payment obligation,and believes that a reasonable boundary should be determined for the termination of the contract in this case through certain standards or restrictions,so as to implement the basic principle of encouraging transactions in the contract law.Therefore,this part further discusses how to improve the application of the legal rescission system of contract in the field of collateral obligation violation,that is,what is the generation standard.Based on the above analysis of specific problems,the third chapter summarizes and puts forward suggestions on the systematic grasp of the relationship between collateral obligation and statutory discharge.People who sign contracts are expected to realize their personal interests,but not all are honest and trustworthy people.China constructs the collateral obligation system based on the principle of good faith,but it is full of disputes from its emergence to application.Based on the existing theoretical research and combined with practical cases,this paper explores the current theoretical and practical status of collateral obligation and statutory discharge,and summarizes and puts forward some views,in order to make a beneficial exploration of theory and practice and enrich the research content in this field.