附随义务刍议

On Accompanying Obligation

附随义务之概念 ,起源于 2 0世纪初的德国民法判例学说 ,本文通过对附随义务与先合同义务、后合同义务、给付义务、不真正合同义务的比较 ,试图揭示附随义务之内涵。

The concept of accompanying obligation can be traced back to the precedent/case law theory of German Civil Law. By comparing it with obligation before the contract, obligation after the contract,obligation to perform and false contract obligation, this article manages to illustrate the meaning and features of accompanying obligation and its main forms.