On the Nature and Effect of Green Obligations in Contract Performance:Interpretation of Paragraph 3,Article 509 of the Civil Code
The third paragraph of Article 509 of the Civil Code stipulates the green obligation in contract performance,which has caused huge theoretical controversy and practical problems.Whether the provision is interpreted as an advocacy clause or as a binding legal obligation clause has a completely different meaning.In order to promote the construction of ecological civilization,we should interpret this clause as a legal obligation based on the green principle of civil law and the legislative system.In this way,environmental constraints on the behavior of the parties can be achieved through appropriate restrictions on contract freedom.Specifically,the green obligations in contract performance are collateral obligation in nature.If this obligation is violated,it will lead to liability for damages,compulsory performance,and the creditor's right to terminate the contract.At the same time,the obligation is obliegenheit in nature.Although it cannot be enforced,it might cause the opposing party to claim fewer payments.The above two interpretations are different but not totally exclusive.The judge should adopt different interpretation paths based on the facts of the case to determine the specific content and boundary of the green obligation in contract performance,and determine the legal effect based on social common values and discretionary habits when the green obligation is violated,so as to reflect the binding force of green obligations on contract parties.
contract performancethe green obligationscollateral obligationobliegenheitforce of law
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