| Contractual accessory obligation is one of the famous achievementsof the development of the theory concerning modern liabilities’relationship and affected the function of liability law and the change anddevelopment of civil liability system. There are some regulations aboutthe contractual accessory obligations in Contract Law, but they were notperfect and affected the unity and the authority of law in judicial practice.So it is necessary to have a further research on them.Adopting the research way of comparison, demonstration andanalysis of case, this paper illustrated the experiences of application ofcontractual accessory obligations in civil law country and common lawcountry, expecting to provide some useful suggestions in legislation andjudicial practice in our country.The first chapter illustrated the problems of contractual accessoryobligations in judicial practice with the help of civil cases. This part putforward the main problems of contractual accessory obligations injudicial practice with the help of civil cases.The second chapter set forth the main causes of the application of contractual accessory obligations. This part mainly demonstrated themain causes of application of contractual accessory obligations inlegislation and judicial practice.The third chapter elaborated the undertaking of civil liabilities andthe relief method in the breach of contractual accessory obligations. Thispart told the standards in determining the contractual accessoryobligations, the principle to bear civil liability and the constitutiverequirements in breach of contractual accessory obligations.The last part were the suggestions to have the contractual accessoryobligations perfected. After finishing stating the valuable experiences ofcivil law country,common law country as well as the valuableexperiences concerning Taiwan area in our country, this part put forwardsome useful suggestions to improve and perfect the contractual accessoryobligations in our country. |
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