| The Civil Code of the People’s Republic of China(hereinafter referred to as "Civil Code")has only one provision on post-contract obligations,and the lack of relevant judicial interpretation has resulted in misjudgment and misuse of post-contract obligations and their responsibilities in judicial practice.Because the concept of post-contract obligation is not clearly explained in our existing laws,the definitions of post-contract obligation and contractual obligation,post-contract obligation and incidental obligation are unclear.Based on the fact that the research on post-contract obligations is still at a relatively basic stage,it is necessary to conduct in-depth research and definition on post-contract obligations,whether for the development of theory or practice.In judicial practice,observing the practical judgments in recent years,we can find that the incomplete expression of the law and the lack of relevant explanations and explanations,and the lack of targeted normative guidance for judges,so it is very likely that there will be unclear understanding and wrong application when applying the law.Starting with the judicial cases in recent years,the disputes about post-contract obligations are divided into the following aspects: whether the case exists post-contract obligations,the relationship between post-contract obligations and incidental obligations,and whether the obligations after the termination of the agreed contract belong to post-contract obligations.First of all,the incidental obligation refers to the incidental obligation in the performance of the contract,and the contractual obligation and the incidental obligation have independent legal status after being clarified,and these two obligations are juxtaposed to facilitate the clarity and operation of judicial practice;Secondly,according to the principles of honesty and credit and trading habits,it is determined whether the obligations after the termination of the agreed contract belong to the post-contract obligations.If the content is legal,it belongs to the post-contract obligations.Whether the parties agree or not does not affect the definition of the post-contract obligations.Combined with the newly added "equal" principle in the Civil Code,the basis of post-contract obligations is expanded,including the principle of fairness and the principle of green in order to fully guarantee the rights and interests of the parties;Thirdly,the post-contract obligation arises after the termination of creditor’s rights and debts,and it is clear that the post-contract obligation will arise only under specific circumstances,such as liquidation,rescission,deposit and exemption.The premise of post-contract obligation is an effective contract,that is,the contract has been paid off,and there is no post-contract obligation for invalid or revocable contracts.As for the contract terminated,it can be divided into one-time contract and continuing contract according to the time factor,and it is determined whether the post-contract obligation arises according to whether the contract has retroactivity.For the terminated contract,the reasonable time limit for debt exemption is specified,and when the time limit expires,the rights and obligations of both parties are terminated,resulting in post-contract obligations;Finally,reinterpret the specific post-contract obligations.It is determined that not all notification and assistance after termination of the contract are post-contract obligations,and it is necessary to clarify whether specific post-contract obligations will arise in specific contracts according to the principles of honesty and credit and trading habits.Combined with the newly added appointment contract and guarantee contract in the Civil Code,the special main contract and the contractual obligations after the same application of the secondary contract are specified. |
