合同履行中的附随义务研究

The Attached Obligations in the Implementation of a Contract

合同履行中的附随义务最初是作为对合同自由原则的限制而见诸于判例与学说的,后被逐渐提升为一项重要的诚信义务而被规定在立法中。面向21世纪的我国《合同法》,在参酌借鉴的基础上对此作了一般性规定,从而实现了合同的扩大化保护,体现了合同法的价值关怀。然而就这一制度的立法、司法及理论研究而言仍存在一些不足,需要民法学界作进一步的研究。

The attached obligations of a contract came into being in the judicial precedents and legal theories as the restriction to the freedom of contracts, and then were elevated as an indispensable credit and formally defined in the law. The new version of the Contract Law', revised with reference to its predecessors and in anticipation of the 21st century, defines the obligations generally, which broadens the protection and embodies the essential concern of a contract. Nevertheless, it remains for the circle of civil law to carry out researches as to the deficiencies with the legislation, enforcement and theoretical study of the law.