What are the collateral obligations in the contract?

Legal subjectivity:

(I) Notification Obligation The notification obligation, also known as the notification obligation, refers to the obligation of the parties to a contract to inform the other party of matters that have a significant impact on the interests of the other party. About the obligation to inform. (2) Regarding the obligation of explanation, the parties to the contract are obliged to explain to the other party the matters that have a significant impact on the interests of the other party to the contract. (3) With regard to the obligation of assistance, the obligation of assistance refers to the obligation that the parties to a contract should assist the other party to perform their obligations so that the contract can be performed smoothly. In the contractual relationship, the debtor's performance obligations are mostly positive payment obligations, aiming at satisfying the interests of creditors. (4) With regard to the duty of care, when performing the contract, the debtor should pay careful and honest attention to the other party and the subject matter in the contract, and assist the creditor to realize the interests. Articles 6 19, 750, 784, 822 and 953 of the Civil Code have all made provisions. (5) Regarding the confidentiality obligation, the confidentiality obligation, also known as the loyalty obligation, means that the parties to the contract have the confidentiality obligation to the secrets of the other party that they know through the contractual relationship. When concluding a contract, in order to make the other party understand and trust, one party often has to reveal some secrets to the other party. These secrets mainly include trade secrets and technical secrets. (6) Regarding the obligation of protection, when performing the contract, the parties shall pay necessary attention to the transaction to protect the personal and property interests of the other party. Pre-contract obligation refers to the necessary duty of care that the parties should bear in the process of concluding a contract according to the principle of good faith. The collateral obligation of a contract is relative to the main obligation of the contract, which is the obligation of notification, assistance and confidentiality. Agreed beyond the main terms of the contract, such as the subject matter, price, etc., or stipulated by law. The pre-contract obligation exists in the process of contract conclusion, and its starting and ending time is "the offer takes effect" and "the contract takes effect" respectively. As the collateral obligation of the contract, the emergence and existence of the pre-contract obligation depends on the contracting behavior and the expectations of the parties to the contract. The outstanding feature of pre-contract obligation lies in its legitimacy and collateral. The value of the legal system of pre-contract obligation lies in embodying the concept of fairness and justice and the spirit of honesty and credit in civil law. Collateral obligation refers to the obligation to act or not act according to the nature, purpose and trading habits of the contract in order to ensure the realization of the purpose of the contract and safeguard the interests of the other party, mainly personal interests and property interests. During the performance of the contract, in order to help realize the creditor's payment interests or fully protect the creditor's personal or property interests, the debtor follows the principle of good faith and performs obligations other than notification, assistance, confidentiality and protection according to the nature, purpose and trading habits of the contract. Collateral obligation means that in the development of debt relationship, in order to realize the creditor's rights successfully and protect the other rights and interests of creditors, based on the principle of good faith, the debtor should perform other obligations except payment obligation. Collateral obligation in a broad sense can occur at all stages of the development of contractual relationship, and it is the obligation that the parties should undertake according to the principle of good faith. The narrow collateral obligation is an obligation other than the payment obligation arising from the principle of good faith in the performance of the contract. The collateral obligation of a contract is an extension of the contractual obligation, which means that the parties to the contract must fulfill their obligations related to the contract, such as notification, derogation, assistance and confidentiality, while fully fulfilling their payment obligations as agreed. The difference between them mainly lies in the time when the obligation arises. Pre-contractual obligations are generated in the process of concluding a contract until the contract is established. The obligation of contract payment is accompanied by the whole process of contract production, performance and elimination. I still agree with Wang Xming that the pre-contract obligation is only a part of the collateral obligation, which includes the pre-contract obligation and only distinguishes the liability for contracting negligence. Therefore, the difference between pre-contract obligation and collateral obligation lies in the time when the obligation arises. According to timeliness, it is easy to distinguish these two concepts. (1) Previous contractual obligations. The so-called pre-contract obligation refers to the legal obligations that both parties of the contract should undertake during the conclusion of the contract and before the contract takes effect. It is a legal obligation based on the principles of good faith and fairness in civil law, and it is the embodiment of the principles of good faith and fairness. It mainly includes the obligations of mutual protection, notification, confidentiality, cooperation and prohibition of fraud between the parties to a contract. (2) Post-contractual obligations. Post-contractual obligations refer to the notification, assistance and confidentiality obligations that the parties should perform according to the principle of good faith in order to maintain the payment effect or properly handle the termination of the contract after the termination of the contract. (3) collateral obligations. At present, the meaning of collateral obligation is not clearly defined in the legislation of various countries, so the academic circles have different expressions. Collateral obligation can be divided into broad sense and narrow sense. Collateral obligations in a broad sense include pre-contract obligations, collateral obligations in contract performance and post-contract obligations. In a narrow sense, collateral obligation refers to the obligation of informing, assisting and keeping secret in order to help realize the main payment obligation in the process of contract performance, following the principle of good faith and according to the nature, purpose and trading habits of the contract.

Legal objectivity:

According to Article 558 of the Civil Code, after the termination of creditor's rights and debts, the parties shall follow the principle of good faith and fulfill the obligations of notification, assistance, confidentiality and recycling of old things in accordance with trading habits.