试析《合同法》中合同义务的扩张及意义

Analysis on Extention of Contractual Responsibilities in Contract Law and Its Significance

传统的民法理论、民事立法实践中对合同义务和合同责任的规定过于狭窄 ,不利于保护合同当事人的权益 ,也不利于提高交易效率和保障交易安全。新《合同法》中对合同的义务进行了拓展 ,表现为先合同义务 (缔约过失责任和保守商业秘密 ) ,合同履行中的附随义务和后合同义务 ,这无论从理论上还是实践性上均具有重要意义。

There were narrow provisions of responsibilities and liabilities of contract in traditional civil theory and civil statutes,which was not in favor of the parties' protection of interests as well as improvement of transaction efficiency and securing its safety.The new Contract Law makes some entension about contractual responsibilities such as anticipatory contract reponsibility-negligent liabiltity of contracting and business-secret keeping,obligation secundaria in contract performancc and post-contract obligation etc,which are all significant to the theory or the practice.