| The relationship between a prior contract and a follow-up contract can take many different forms, such as modification of contract in the narrow sense, alteration of contract, opposing contract, datio in solutum, credit assignment, and assumption of obligation. Even if a follow-up contract is named "supplementary agreement", we should not take the wording literally and think that the prior contract has been altered or there is a subordinate relationship between the prior contract and the follow-up contract. A prior contract and a follow-up contract may be connected to each other only in appearance as a result of the contract-making behavior, which neither establishes a dependence relationship between the two, nor affects the rights and obligations in either of them. Although a prior contract and a follow-up contract may be independent of each other and have different subject matters, they may yet have a causal relationship with each other, as intended by the parties. The follow-up contract may establish a guarantee right that ensures the realization of obligatory rights under the prior contract. The follow-up contract may provide for the methods of calculation or payment of damages resulting from the breach of the prior contract, and in this case, the relationship in the follow-up contract is the variant of the relationship in the prior contract, namely either a relationship of transformation, or a relationship of partial compensation. As for the phenomenon of "dual contract", it should be either considered as modification of contract, or dealt with as false expression of intention or act of concealment. As a result of the diversified relationships mentioned above, it is necessary not only to give systematic interpretation to an individual contract, but also give an overall interpretation of the transaction in light of the context of the contract. |
京公网安备11010102006664号 京ICP备2023015853号