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The Research of Collateral Obligation

Author: ZhouXiaoLan
Tutor: ZhuangJianWei
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Collateral Obligation Honesty Contractual obligations Breach
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 98
Quote: 1
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Abstract

Collateral Obligation contract law is an important system is the continuous development of contract law, contractual obligations group expansion of the product. But in deed autonomous dominant contract law has not been formed organic system and getting the attention it deserves. Thus theorists its systematic and thorough research is not enough, how to correctly understand and grasp the accompanying obligations has become a complex and very important issue. This paper analyzes the controversial definition of accompanying obligations, then as defined in the accompanying obligations under the connotation to explore the contents of the accompanying obligations and violations of the legal consequences of the accompanying obligations. Excluding the Introduction, this paper is divided into four parts: the first part of the contractual obligations accompanying qualitative analysis. This section describes predecessors in the meaning defined for accompanying obligations, based on a comparative analysis, this paper puts forward the definition on the accompanying obligations. Which refers to the accompanying obligation to fulfill the contract process, the parties have not agreed or the law does not specify, based on the principle of good faith should be the burden of leaving the parties to protect the personal and property interests of others for the purpose of protection, outside the obligation to inform other obligations. This made the definition of the main starting point is to clarify the meaning of different obligations to establish clearer boundaries contractual obligations networks. The second part of the contractual obligations accompanying the basic theoretical issues. This section first active against claims from the German theory of the origin of the problem leads to the accompanying obligations, and then analyzes the accompanying obligations theory development in Taiwan. This part of the legal basis from the accompanying obligations and discusses the theoretical basis of two aspects of rationalization based on collateral obligation to clarify the principles of good faith and trust principles to protect the interests of an important support for the role of collateral obligation. The third part, the contents of the contract accompanying obligations identified. As collateral obligation is generated based on the principle of good faith is not expressly agreed by the parties and the legal obligations of uncertainty, so there is a big accompanying obligations identified difficulties. This section discusses the accompanying obligations initially recognized standard, that the infringement should be combined with the inherent benefits and the closeness of the contractual relationship and the nature of the contract and the purpose to judge. Combined with the accompanying obligations judicial cases cited typical manifestations. The fourth part, breach of contract accompanying obligations of the legal consequences. This section from the breach of the obligation accompanying responsibility principle, could force the continued performance of the contract, the scope of damages and whether to terminate the contract aspects were discussed. As the particularity of the contract accompanying obligations, responsibility principle should adopt the principle of fault liability, but in order to better protect the interests of the parties, apply the presumption of fault; continue the contract terms, the distinction between mandatory obligations and the obligation to fulfill the accompanying two aspects discussed; based on the accompanying obligation to protect the vested interest of the scope of damages to the inherent benefits of standards; finally to determine whether the purpose of the contract can terminate the contract.

The Research of Collateral Obligation

Abstract

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