Study On Contract Accompanying Obligation

The theory of contract accompanying obligation is the outcome of the high development commerical society,it originates from the civil cases.Its function is to balance the private rights and interest and the social rights and interest,and to pursue the substantial justice.The theory promotes the trade and safeguards the sequence and security of trade,and faciliates the performance of contract,which used to focus on payment duty. in 1999 has ruled the accompanying obligation,which shows that our law has improved the concern on private and protection of private after the country enter a commercial society. However,because of the defect of legislation and lag on theory study,we haven't understood the concept of accompanying obligation well,which result in a choas in theory and practise.People often confuse the accompanying obligation and other obligtion,even lead to the phenomena that abuse the concept of accompanying obligation in litigation and judgement.The paper bases on other's study,and discusses the accompanying obligation preliminarily through the method of historical study and comparative study.It indicates the defects of our country's insititution of accompanying obligation,then gives some suggestion to perfect the insititution as well as futrue's legislation and judicature.Except the prefactory words and conclution,there are four parts of this paper.Partâ… analyzes the accompanying obligation in juristic basis, illustrates the concept of accompanying obligation on basis of the analysis of other different theories,then introduces the accompanying obligation's legal character,its type,its value and faith,and its function.Partâ… aslo clarifies the methodology how to identify the accompanying obligation.Partâ…¡compares the relative concepts such as the accompanying obligation,main payment obligation,subordinate performance obligation, not real obligation,voluntary service,and implied obligation,then clarifies their similarity and difference.Partâ…¢discusses the legal liability when disobeying the accompany obligation,analyzes the character of legal liability in different periods.It aslo points out how can perform an illegal accompangying obligation and what's the result of liability to a breach,and the approachs to remedy.Partâ…£indicates the deficiency of our country's actual institution of accompanying obligations after discussing the legislative condition on it, finally gives some advice to perfect the establishment of institution.