后契约义务与责任

On Obligation and Liability of the Post-contact

后契约义务是合同权利义务终止后,当事人负有的附随义务。它衍生于诚实信用原则,是诚实信用原则在合同法领域的重要体现。违反后契约义务,要承担后契约责任。后契约责任是一种独立的责任形式,区别于缔约过失责任、违约责任、侵权责任等责任形式。

The post-contractual obligation is the statutory attached obligation that contracting parties should bear after the termination of contract. It stems from bona fide doctrine and is the expression of bona fide doctrine in the realm of contract law. If a party to a contract dodges the post - contractual obligation, he (or she) should bear the post-contractual liability. The post-contractual liability is a kind of independent form of responsibility. It is different from contracting liability for negligence, liability for breach of contract and liability for tort.