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Contract Collateral Obligation research

Author: CaoFei
Tutor: SunYi
School: Heilongjiang University
Course: Legal
Keywords: contractual collateral obligation good faith flaws imperfections
CLC: D923.6
Type: Master's thesis
Year: 2009
Downloads: 130
Quote: 1
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Abstract


Contractual collateral obligation origins from the principle of good faith. It can balance the interests between individuals and the society, and compensate for the deficiencies occurred in laws and contractual stipulations with the function of pursuing virtual justice. This thesis defines the concept of contractual collateral obligation by comparing various countries’ contractual collateral obligations.The jurisprudence basis, characters, value and function of contractual collateral obligation are expatriated on. In addition, having compared with other relevant obligations, its definition is further made clear. The thesis also discusses the legal results induced by violating this obligation in the aspects of nature of liability, important composing conditions and relief methods that creditor will resort to. Points out the flaws and imperfections of contractual collateral obligation provisions in accordance with the contract theories of China and explores the future development direction of the obligations in question.

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