对机构养老服务合同纠纷及其主体义务的探究——以机构养老服务合同纠纷为视角

Contract Dispute of Institutional Service for the Elderly and Obligation of Subject——From the Perspective of Contract Dispute of Institutional Service for the Elderly

近年来养老服务合同纠纷日渐增多,主要分为人身类和财产类两部分。究其原因,养老机构资质欠缺、老年人及其关系人认知错误及现有法律、行政法规的缺乏,致使双方的义务不明确。合同义务有约定与法定、给付与附随之分。养老机构与入住老年人及其关系人的给付义务分别为依约提供养老服务、配备合理养老服务资源、健全个人档案和及时支付养老服务的费用。双方附随义务主要为告知与协助义务。除此之外,安全保障是养老机构特有的附随义务。

In recent years, the contract disputes of institutional service for the elderly including person and property have been increasing day by day because of the lack of qualification of elder care facility, cognitive errors of the elderly and some people related to them and the lack of laws and administrative regulations. The contract deals with negotiated and legal obligations, and benefit and collateral obligations. The benefit obligations of subjects in contract of institutional service for the elderly include provision of service in accordance with negotiation, rational deployment of resources, sound filing and timely payment. The collateral obligations of the parties concerned mainly deal with information and assistance. Besides, safeguard for security is the specific collateral obligation of elder care facility.