124 Front.Law China(2006)1:121-152 Now in Chinese law,good faith and fair dealing (Treu und Glauben)becomes the most important general principle(GPCL art.4;CCL art.6),and it must be followed by the parties of a contract while exercise a right or perform an obligation.Correspondingly,the contents of contractual obligations,influenced by the civil law theories of Germany and Taiwan,is thought no longer limited to what the parties agreed upon.The parties shall observe the principle of good faith and fair dealing,and fulfill the obligations of notification,assistance and confidentiality in accordance with the nature and purpose of the contract and trade practices (CCL art.60 par.2).These kinds of obligations are called "ancillary obligations" (Nebenpflicht). Now"ancillary obligation"theory has taken its root both in legal theories and legislations of China.Besides,there are articles on pre-contractual obligations(arts.42 and 43)and post- contractual obligations (art.92)in CCL,and contractual obligations are expended further. Generally laying down ancillary obligations,pre-contractual obligations and post- contractual obligations in a statute,perhaps China is the first one in doing so in civil law countries.As these kinds of rules are almost in case laws in other civil law countries.6 A new structure of contractual liabilities In Chinese civil law theories,the concept of"contractual liability"is a point in dispute.'In this paper,contractual liability presupposes the existence of contractual obligations(include those kind of obligations provided by CCL).Corresponding with the above expansion of contractual obligations,there is a phenomenon in CCL of expansion of contractual liabilities. The phenomenon in CCL is somewhat similar with what Japanese scholars called"expansion of contractual obligations"(keiyaku sekinin no kakutyou),but there are still some differences.For example,as the German case law theory of"Contract with Effects Protecting a Third Party,"although there are some introductions about it in China,but some Chinese scholars emphasized the doctrine of"privity of contract."According to their viewpoints,as a general rule,a contract cannot confer rights arising from it on a third person.CCL confirms the doctrine (as can be reflected indirectly from art.121).On the other hand,some other articles permit a third person having some rights arising from contract.For example, according to art.234,if the lessee dies within the lease term of a leased house,the persons who live together with the deceased may lease the house according to the original lease contract. In this paper,"contractual liability"refers mainly to liability for Culpa in contrahendo, liability for breach of contract and liability for breach of post-contractual obligations(post- contract fault),as being expressed in Figure 1. 6 Greece Civil Code only has a provision on pre-contractual duty.When the Act on the Reform of the Law of Obligations(Schuldrechtsreformgesetz)of Germany entered into force on 1 January 2002.it should be noticed that the appended $241(2)provides"duties arising out of the obligation",namely"an obligation may require each party to have regard to the other party's rights,legally protected interests and other interests". As one viewpoint,contractual liability means liability for breach of contract.See Jianyuan Cui,Studies on contractual liabilities,(1992)Jilin University Publishing House,p.8.As to another viewpoint,contractual liability means liabilities in contract law.See Liming Wang.On liabilities for breach of contract,(1996). Chinese Politic and Law University Publishing House,p.26. s See Kenzo Miyamoto,Obligation of care for safety and the expansion of contractual liabilities,(1993). Tokyo,Japan,p.5. Liming Wang.Studies on civil and commercial law,vol.3,(1999),Law Press China,p.429Now in Chinese law, good faith and fair dealing (Treu und Glauben) becomes the most important general principle (GPCL art. 4; CCL art. 6), and it must be followed by the parties of a contract while exercise a right or perform an obligation. Correspondingly, the contents of contractual obligations, influenced by the civil law theories of Germany and Taiwan, is thought no longer limited to what the parties agreed upon. The parties shall observe the principle of good faith and fair dealing, and fulfill the obligations of notification, assistance and confidentiality in accordance with the nature and purpose of the contract and trade practices (CCL art. 60 par. 2). These kinds of obligations are called “ancillary obligations” (Nebenpflicht). Now “ancillary obligation” theory has taken its root both in legal theories and legislations of China. Besides, there are articles on pre-contractual obligations (arts. 42 and 43) and post￾contractual obligations (art. 92) in CCL, and contractual obligations are expended further. Generally laying down ancillary obligations, pre-contractual obligations and post￾contractual obligations in a statute, perhaps China is the first one in doing so in civil law countries. As these kinds of rules are almost in case laws in other civil law countries.6 A new structure of contractual liabilities In Chinese civil law theories, the concept of “contractual liability” is a point in dispute.7 In this paper, contractual liability presupposes the existence of contractual obligations (include those kind of obligations provided by CCL). Corresponding with the above expansion of contractual obligations, there is a phenomenon in CCL of expansion of contractual liabilities. The phenomenon in CCL is somewhat similar with what Japanese scholars called “expansion of contractual obligations” (keiyaku sekinin no kakutyou),8 but there are still some differences. For example, as the German case law theory of “Contract with Effects Protecting a Third Party,” although there are some introductions about it in China, but some Chinese scholars emphasized the doctrine of “privity of contract.” According to their viewpoints, as a general rule, a contract cannot confer rights arising from it on a third person.9 CCL confirms the doctrine (as can be reflected indirectly from art. 121). On the other hand, some other articles permit a third person having some rights arising from contract. For example, according to art. 234, if the lessee dies within the lease term of a leased house, the persons who live together with the deceased may lease the house according to the original lease contract. In this paper, “contractual liability” refers mainly to liability for Culpa in contrahendo, liability for breach of contract and liability for breach of post-contractual obligations (post￾contract fault), as being expressed in Figure 1. 6 Greece Civil Code only has a provision on pre-contractual duty. When the Act on the Reform of the Law of Obligations (Schuldrechtsreformgesetz) of Germany entered into force on 1 January 2002, it should be noticed that the appended §241(2) provides “duties arising out of the obligation”, namely “an obligation may require each party to have regard to the other party’s rights, legally protected interests and other interests”. 7 As one viewpoint, contractual liability means liability for breach of contract. See Jianyuan Cui, Studies on contractual liabilities, (1992) Jilin University Publishing House, p.8. As to another viewpoint, contractual liability means liabilities in contract law. See Liming Wang, On liabilities for breach of contract, (1996), Chinese Politic and Law University Publishing House, p.26. 8 See Kenzo Miyamoto, Obligation of care for safety and the expansion of contractual liabilities, (1993), Tokyo, Japan, p.5. 9 Liming Wang, Studies on civil and commercial law, vol.3, (1999), Law Press China, p.429. 124 Front. Law China (2006) 1: 121–152