《民法典》第778条(定作人的协助义务)评注

Commentary to Article 778 of Civil Code(Obligation of Client to Assist)

定作人协助义务的发生以协助对承揽工作完成具有必要性为实质要件;协助义务为结果义务,定作人主观上对协助义务违反是否具有可归责性不影响协助义务违反的认定;协助义务为非金钱债务,承揽人不可诉请强制履行。定作人不践行协助义务的,承揽人可催告其履行,顺延履行期限,并可主张迟延期间遭受的损失;因定作人违反协助义务导致承揽人逾期完成工作的,不构成履行迟延;催告期间届满定作人仍未协助的,承揽人可以解除合同,合同解除与否不影响承揽人损害赔偿的权利,其可主张的赔偿范围包括实际损失和可得利益,合同解除时,赔偿范围应扣除承揽人因终止履行而节省的成本。

The substantive requirement for the obligation of the client to assist is that the work cannot be completed without this assistance.The obligation to assist is a consequence obligation,and the client's fault to attribute the breach of the obligation to assist does not affect the determination of the breach of such an obligation.The obligation to assist is a non-monetary obligation,and the contractor cannot claim compulsory performance.If the client fails to perform such an obligation,the contractor may demand them to perform their obligation within a reasonable period of time,and may also extend the term of performance accordingly.If the client fails to assist after the expiration of the notice period,the contractor may rescind the contract,and the rescission of the contract does not affect the contractor's claim for damages.The amount of compensation the contractor can claim for includes actual losses and the benefits expected to be obtained,should the contract have been performed;and when the contract is terminated,the costs saved up by the contractor shall be deducted from the compensation,due to the termination of performance.