Comparative Research On Safety Guarantee Obligations And Collateral Obligation

In some cases of security obligations and the collateral obligation, there is acompetition, especially in the market, Banks, hotels, etc business entertainment. Firstof all, there is a contract relationship between the parties, after the damage occurred,the cause of the damage occurred at the same time constitutes a breach of contractliability and tort liability, as a violation of security obligation has taken place with theconcurrence of collateral obligation. Involves a series of problems at this time, for thetwo relations, should be if use them to distinguish, as between the parties, and evencourt judge to clarify the problem. In order to make the relationship between the twokinds of theory more clear, smooth the application in practice, this article is dividedinto four chapters, by comparing the two studies, combining with the related cases,traced back to its roots in:Chapter one, the author to write this article is due to the consideration of somecases, these cases mainly involves two major theories of security obligations andconcurrence of collateral obligation and from the classic "galaxy hotel case" case, putsforward problems to be discussed in this paper.Chapter two, this chapter mainly analyzes the safety guarantee obligations andcollateral obligation source base, two theories are derived with the development of thecivil law, has its different sources, the source of this chapter is to clear them, studytheir legislative purpose and on the basis of source is different. The different sources,and laid the status both in theory and practice. Chapter three, from the perspective of different detailed comparative analysis ofthe security obligations and the basic theory of collateral obligation, including theconstitutive requirements, imputation principles, standards, there is a particularlyimportant issue is when the collateral obligation due to the third person causes and theviolation of the security obligation, should how to deal with the problem. This chapteris the main part of the paper, through this chapter, the obligation of security guaranteeand can be different to get a clear understanding of collateral obligation.Chapter four will security obligations and return to its essence, the collateralobligation is tort liability and liability for breach of contract, by comparing theliability for breach of contract and tort liability, and further comparative study on thedifference between the security obligation and collateral obligation, respectively fromthe causes, the distinction has specific conditions are discussed, such as how to apply.