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On the security obligations and its responsibilities morphology

Author: ZhaoRongQiang
Tutor: LiHongWu
School: Shandong University
Course: Civil and Commercial Law
Keywords: Security obligations Liability Forms Supplementary liability The basic rule
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 179
Quote: 2
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Abstract


Security obligations, the civil law system to take care of , and the obligation to take positive measures to protect one of the parties in a certain legal relationship of negative personal and property security of the other party . It is based on civil law jurist honest credit terms of this imperial jurisprudence developed by judges through gradually statute to be typed obligations , the specific connotation type , scope is not static , but has been in the development and expansion with . Under the principle of good faith is the driving force behind the formation and development of safety obligations theory based on the needs of distributive justice . The security obligations dangerous control theory , economic rationality and the relationship of trust the inevitable requirements , also in line with the principle of risk and return consistent , reflecting the trend of the modern civil law legislation . Clear provisions of law , the contractual relationship with a third person to protect the effectiveness of the contract and the first behavior is the basic source of security obligations also make a judgment by a judge in accordance with the facts of the case and the common sense of the social life . Security obligations can be agreed by the contract , but the nature of the obligation in principle statutory obligations are contractual obligations only exception . The main obligations extensive range of reasonable restrictive content composite and obligations in violation of the responsibility for fault liability and other features . Third party to intervene in the case , the security obligations breach of responsibility for individual responsibility : security obligations in the case of third party intervention in violation of the person's responsibility to have a supplementary liability , joint and several liability and complex forms by shares responsibility . The security obligations supplement responsibility has its unique basic rules . Supplementary liability for pick supplement , supplement limited supplementary entity . Supplementary liability the actual assumed additional responsibility on the part of its commitment made ??to the person directly responsible for the full amount of the right of recourse .

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