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Accommodation Study of Collateral Obligation of Contract

Author: ZhangLiFang
Tutor: XuJie
School: Southwest University of Political Science
Course: Legal
Keywords: Accommodation contract Contractual collateral obligation Theprinciple of honesty and credit Doctrine of liability fixation
CLC: D923.6
Type: Master's thesis
Year: 2012
Downloads: 43
Quote: 0
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Abstract


This paper analyses the basic case can be summarized as: a company employee to Bhotel, hotel staff will guide a company employees will have all of the company’s car parkparking at the hotel, in this process, the hotel was not charged fees, nor a vehicle park relatedmatters agreed, stay, a company car stolen, and B the consultations fail to court hotel. Acompany that its staff accommodation contract formation, the vehicle park parking at thehotel, and the hotel was established in the contract of deposit, the hotel should bear theliability for damages against the custody of the vehicle. The court did not support a company’sappeal. The key to this case is to grasp the parties set up Accommodation contract, the hotelon the customer’s vehicle safety is custodial obligation, that is whether its custody or othercontract, or based on hotel service collateral obligation of contract, as well as the hotelresponsibility imputation principle why.Collateral obligation of contract as the contract obligations in groups of a, its purpose isto ensure the fulfillment of contract and the purpose of the contract fully realized, in theincreasingly complex transactions today, collateral obligation of contract to protect theinterests of the parties of equal significance. But as a result of incidental obligation in Chinaappeared later, relevant laws and regulations and the theory is not perfect, in the judicialpractice inevitably encounter problems. This paper not only for the case of collateralobligation to solve the reasons are explained, and combined with the case of theaccommodation of contractual collateral obligation cognizance standard, principle ofimputation and improve the system for more in-depth study, with period in the judicialpractice for the treatment of similar cases to provide reference.Besides the introduction and the conclusion, this article altogether divides into threeparts.The first part: introduction to specific cases, including the Cause of action and case.The second part: the case of the focus and the divergence of opinion, for the treatment ofsuch cases, laws are not perfect, its theoretical system is not perfect, at home and abroad forthe treatment of such cases there is no uniform standard, so in theory circle and judicialpractice are controversial. This case is also so, the focus of controversy in this case for thedefendant and the plaintiff staff on the plaintiff to the defendant during the park staffaccommodation parking vehicle safety existing legal relationship, and identified as contractual collateral obligation imputation principle application.The third part: the cases of disputes and disagreements proposed own view, this part isthe focus of this paper. First of all, using the knowledge and draw lessons from scholarsresearch results on the focus of controversy in legal analysis. Secondly, combining the viewsof scholars and in the case of collateral obligation are discussed, respectively from thecollateral obligation is defined and its theoretical basis, value analysis. The accompanyingobligations defined, comprehensive views of scholars, mainly generalized the collateralobligations narrowly attached duty two, generalized attached obligation is defined in thecontract relationship at all stages of development can occur when the party with the principleof good faith should burden of obligation, that is, in the course of the contract performprocess and after the termination of contract relationship, there are incidental obligation.Narrow sense refers only to the collateral obligation in the process of the contract inaccordance with the principle of good faith in paying obligation generated outside ofobligation. China’s Taiwan scholars mostly adopt broad sense, this paper also adopted broadly.Third, respectively, from safeguard the interests of the parties to achieve the purpose of thecontract, the successful maintenance transaction security on in this paper the case of using thesubordinated obligation to solve reason analysis. In fourth, the contractual collateralobligation imputation principle to carry on the analysis, the author point of view as acollateral duty imputation principle of presumption of fault should be applied more in linewith the social justice, dispute requirements. Finally, on our attached duty legislation presentsituation carries on the analysis, and put forward the legislative suggestion. China in theaccompanying obligations of legislation and judicial practice, the existence in the process tothe supplementary duty mainly enumerating regulations, lack of breach of contract incidentalobligation the imputation principle of regulation and in collateral obligation defined fuzzyqualitative problems such as, unknown. The author thinks the law strengthen the collateralobligation legal status, a clear violation of contractual collateral obligation imputationprinciple and liability form, clear contractual collateral obligation cognizance rules and legalconsequences, clear and specific provisions of existing laws on semantic and introduced therelevant judicial interpretation on the collateral obligation system to be perfect.This article through the concrete case, finds that the current law on contract collateralobligation prescribed holes, through their own analysis and recommendations, in legislation,judicial interpretation and case theory and other aspects to improve in order to establish a complete incidental obligation legal system and theoretical system, with period in social life,the judicial practice better resolution of such cases as a modest.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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