Research On Post-contractual Obligation

Contract is a dynamic process of making,performing and terminating from nothing to nothing.As one of the major "plates" in the field of contract,the system of contract obligation is of great significance for improving the system of contract obligation and promoting the progress of judicial practice.The remainder of this paper consists of five chapters.We begin with an introductory chapter,which primarily introduces the background and research significance of post-contractual obligations,as well as research status and innovation points domestically and internationally.As a brief review of the developmental history of contract obligation theory shows,along with the ever-changing mode of economic activities,the connotation of contract obligation begins to break the traditional concept of time sequence and extend forward and backward.Since then,the theory of contract expansion begins to appear.The concept of post-contractual obligation is built on the basis of backward extension of contractual obligation and has been gradually standardized.The second chapter introduces the general issues of contractual obligations,firstly introduces the concept and characteristics of post-contractual obligations,and makes a basic elaboration of post-contractual obligations.Secondly,it analyzes the basis of the generation of post-contractual obligations,including theoretical basis and practical basis,and clarifies the background of the generation of post-contractual obligations.Finally,by comparing the post-contractual obligation with the pre-contractual obligation,the obligation to pay and the obligation to attach,it is considered that the post-contractual obligation is a legal obligation in nature and an independent legal obligation.The third chapter introduces the form of post-contractual obligation,that is,the content of post-contractual obligation.The package is mainly divided into two aspects: duty of action and duty of omission.Duty of action includes: notification obligation,protection obligation,assistance obligation,care obligation and old property recovery obligation.Duty of omission includes confidentiality obligation and non-competition obligation.Chapter four introduces liability in breach of contractual obligation,and qualifies liability in the first instance.The dominant view of qualitative liability falls into four categories: The theory of liability for breach of contract,liability for negligence in contracting,tort,and post-contractual liability,this article agrees with the theory of post-contractual liability,post contract liability should be an independent form of liability,post contract liability is irreplaceable,because the other three types of liability can not cover it,either time can not cover or the manner of accountability is different.Second,it deals with the imputation principle of post-contract liability,and the principle of fault liability should be reasonably applied.Finally,it analyzes the constitutive elements of post-contract responsibility and the way of responsibility undertaking.The post-contract liability is comprehensively analyzed.The fifth chapter analyzes the status quo of post-contractual obligations and gives suggestions for improvement.Firstly,in the legislative status quo,there is ambiguity in post-contractual obligations;secondly,in the judicial practice status quo,it shows great imbalance.The legal provisions are not systematic and the operability is poor,but the cases involving post-contractual obligations are increasing gradually.Finally,the author gives some suggestions to improve the system of contractual obligation,even though the treaty obligations are systematic and more clearly stipulated,and the legal status of contractual liability is established.