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作为诚实信用原则在合同履行过程中的具体化,附随义务无疑弥补了给付义务在债权圆满实现上的不足,应该说是当事人内心意思的当然补充,由此更好的维护和促进交易。但与给付义务的刚性和确定性相比较,附随义务具有明显的不同于传统合同义务的一些特征,本文就对此做一初步的探讨。
As the embodiment of the principle of good faith in the performance of the contract, the attendant obligation undoubtedly made up for the insufficiency of the obligation of payment in the successful realization of the claim. It should be said that it is an excuse to supplement the inner meaning of the parties and thereby better safeguard and promote the transaction. However, compared with the rigidity and certainty of the obligation to pay, the accompanying obligation has some obvious features different from the traditional contractual obligations. This article makes a preliminary study on this.