| In the contract law,when a party requests to terminate the contract on the grounds that the breaching party violates the collateral obligation,it is necessary to terminate the contract through the way that the purpose of the contract cannot be realized due to the breach of contract under the premise that collateral obligation is strictly determined.The Civil Code basis for termination of a contract on the grounds of breach of collateral obligations is generally considered to be “other breach of contract resulting in failure to achieve the purpose of the contract”in item 4 of Article 563 of the Civil Code.The essential point of termination of a contract in article 563 is that there should be a breach of collateral obligation,and the breach of contract should result in the unrealization of the purpose of the contract.Whether the breach of collateral obligation will lead to the termination of the contract depends on whether the breach will lead to the failure of the purpose of the contract.This paper is divided into four chapters.The first chapter explains the reasons for contract termination caused by breach of collateral obligation,mainly introduces the concept of collateral obligation and its performance in Civil Code and theoretical practice,and clarifies that collateral obligation is a contractual obligation,and breach of collateral obligation may lead to failure of the purpose of the contract,thus leading to the right of contract termination for the non-breaching party.And the case of supporting the termination of contract in violation of collateral obligation is analyzed.The second chapter,for the determination of breach of collateral obligation,makes clear that the nature of liability for breach of collateral obligation is liability for breach of contract,so the imputation principle for breach of collateral obligation should be based on strict liability,and analyzes the imputation principle for breach of collateral obligation which is based on strict liability and supplemented by fault liability determined in Civil Code.The third chapter,in order to judge that the purpose of contract cannot be realized because of the violation of collateral obligations,firstly introduces two theories about the purpose of contract cannot be realized,namely,the failure of the purpose of contract and the fundamental breach of contract,and summarizes the general criteria for judging the purpose of contract cannot be realized in China’s judicial practice.And distinguish the performance of interest and inherent interest to breach of collateral obligations will lead to the realization of the purpose of the contract to make a specific judgment.The fourth chapter explains consequences of termination of contract caused by breach of incidental obligations.After termination of contract caused by breach of contractual obligations,contractual rights and obligations shall be extinguished.The consequences of termination of contract mainly include termination of contract and payment of liquidated damages. |
