论合同附随义务

On the accompanying obligations of the contract

合同附随义务的诞生以诚实信用原则为基础,是传统合同义务发生了扩张的结果。《合同法》不仅保护合同本身,更注重对合同关系发展的整个过程的调整,对合同当事人履行合同义务提出了更为周全细致的要求,在辅助给付利益实现之际又对当事人的固有利益提供了保障,以实现当事人之间以及当事人与社会之间的利益平衡。

The birth of accompanying obligations of the contract is based on the principles of honesty and credibility.It is the result of the expansion of traditional contractual obligations.＂Contract Law＂is not only the protection of the contract itself,but pays more attention to adjustment of the entire process of the development of the contract relations.It has a more comprehensive and detailed requirement for the parties of a contract to perform a contractual obligation.It also provides guarantee to the inherent interests of the parties in the realization of the payment interests,in order to achieve the balance of interest between the parties and between the parties and the community.