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Research contracts collateral obligation judicial practice problems

Author: RenYanFang
Tutor: ZhengChunYu
School: Inner Mongolia University
Course: Legal
Keywords: accessory obligation of a contract good faith payment obligation compensation for damage judicial practice
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 79
Quote: 0
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Abstract


In China, accessory obligation of a contract is still at an exploratory stage in the judicial precedents and legal theories. The judicial practices of a judge’s applying this system may appear biased, especially on the identification of a breach of accessory obligation of a contract. In a specific case of contract disputes, whether the parties have accessory obligation of a contract and what kinds of accessory obligation they have, is generally determined by judicial discretion and the particular relationship of rights and obligations.In this thesis, the author has made an analysis on typical cases of accessory obligation of a contract. And it has been elaborated that the differences between accessory obligation and other obligations of a contract, the application of accessory obligation in civil actions, obligations, legal responsibilities as breach of accessory obligation, and doctrine of liability fixation, for the purpose of further improving legislation of accessory obligation of China Contract Law.

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