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附随义务理论是本世纪合同法的重要发展之一,随着我国《合同法》立法的不断完善与健全,附随义务也在其中重要的内容。本文围绕着了附随义务的概念及特点,分析了学界争论的几种理论,提出应尽快完善附随义务的相关法律体系,最大范围保护当事人的利益,为社会经济发展推力,提高合同履行效率。
The theory of accompanying obligations is one of the important developments of contract law in this century. With the continuous improvement and perfection of the legislation of the Contract Law in our country, the accompanying obligations are also important contents. This article focuses on the conceptions and features of attendant obligations, analyzes several theories of academic controversy, proposes that relevant legal systems with attendant obligations should be perfected as soon as possible, protects the interests of litigants to the greatest extent, promotes social and economic development and enhances the performance efficiency of contracts.