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Study on the Collateral Obligation

Author: LiJianWei
Tutor: YinWeiMin；DiYunLing
School: Dalian Maritime University
Course: Legal
Keywords: Collateral Obligation Good Faith Legal Liability
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 90
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Abstract


In modern contract law, the traditional expansion of contractual obligations has occurred. Whether in the performance of the contract or the others are not limited to payment obligations to adjust the traditional relationship between the parties, based on the requirements of the principle of good faith between the parties also bear the accompanying obligations. Accompanying obligation to both the balance of interests between the parties, the interests of the parties and society functions, its requirements should not only fulfill their legal parties to the contract specified, and the parties expressly agreed in the contract obligations. and should be based on clear contractual relationship between the development of specific conditions, fulfilled the necessary duty of good faith. In fact, this behavior of the parties to fulfill contract obligations made more elaborate and detailed requirements, in promoting the benefits of the transaction while achieving stability and order to protect the safety of transactions. However, due to the formation of the accompanying obligations more use of cases. which now, many theoretical issues yet to clarify, to the judicial practice in the use of the accompanying obligations brought a lot of confusion. Meanwhile, the collateral obligations which it has an uncertainty and supplementary, and destined to be a need for the dynamic mechanism which it improves continuously in practice. Therefore, the article from the concept of legal basis and legal characteristics, types, content, attributable to the accompanying obligations in terms of principles for a more comprehensive and systematic study. and the accompanying obligations of current legislation related to the shortage and improve the proposed system their views and suggestions.This article is divided into four parts:The first part is "the basic problem of the accompanying obligations," the concept of the accompanying obligations, legal characteristics, the social conditions and legal basis was introduced.The second part, "the nature, type and content of the accompanying obligations", the accompanying differences with other contractual obligations, types. content and other issues were discussed.The third part of "breach of duty of accompanying the legal responsibility" for violations of the type accompanying the liability obligations, liability and legal consequences of the principles of the analysis.The fourth part is "the lack of legislation and the accompanying obligation to improve" on our obligations under current legislation in relation to the accompanying assessment system deficiencies. the focus on improving its own proposals put forward.

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