试论合同的附随义务

On the Affiliated Obligation of the Contract

附随义务是随着诚实信用原则的兴起而产生的一种合同义务 ,对于保护和平衡合同当事人双方的利益 ,实现契约正义 ,发挥着重要的作用。附随义务分为缔约过程中、履约过程中和合同履行完毕后的附随义务。我国对附随义务的规定过于简略 ,应从立法上进一步明确附随义务的各种形态 ,提高附随义务的法律效力 ,明确违反附随义务的责任形式及归责原则。

Affiliated obligation as the obligation of the contract appears along with the rise of the principle of honesty and credibility. It plays an important role in protecting and balancing the profit, achieving the justice of the contract. They are the one in the course of signing the contract, the one in course of carrying out the contract, the other after carrying out the contract. The prescript of the affiliated obligation is simple, we should nail down the forms of it, improve the legal efficacy of it, and nail down the duty form and the principle of disobeying it.