合同法中的附随义务探讨

An Exploration of the Subordinated Obligations in the Contract Law

附随义务是指合同关系发展过程中及合同关系终止后的一定时期,依诚实信用原则当事人所应负担的给付义务以外的义务。附随义务的理论基础来源于诚实信用原则。确立附随义务有利于平衡各方利益关系、强化对债权人的保护、维护社会秩序稳定及完善合同法立法与理论。附随义务内容随合同关系发展而有不同的体现。基于附随义务发生阶段的不同,违反附随义务的法律后果亦不同。

Subordinated obligation is a kind of obligations, which is enforced by the party according to good faith doctrine in addition to the obligation payable during the developing period of a contract and the certain period of the termination of a contract. The theoretical base of subordinated obligation comes from good faith doctrine. It is beneficial to balancing the relationship of various interests, strengthening the protection for the creditor, promoting social stable order and completing contract legislation and theory. The content of subordinated obligation presents differently according to the development of contract relationship. The legal consequences of the breaching of subordinated obligation are different. subordinated obligation with regard to different stages of subordinated obligation are different.