The Research Of Collateral Obligation In Medical Contract

Medical behavior is in essence a kind of obligation behavior. While the collateral obligation being expanded, the collateral obligation in medical contract has been established by the medical laws and regulations. But because of the complexity and uncertainty of the medical treatment, the focus of contract dispute in medical affairs depends on not only whether faithfully fulfilling the contractual obligations, but whether performing the collateral obligation as well. Therefore, it has particularly realistic significance on defining obligation behavior in medical affairs.This thesis includes four parts besides of the preface and afterword.Chapter 1 contract law. In this chapter, the meaning, feature and imputation principle of collateral obligation would be expounded. The legal responsibility of violating the collateral obligation will be expounded as well.Chapter 2 collateral obligation in medical contract. In this chapter, The basic types of collateral obligation in medical contract should be demonstrated in detail. And the current legislation of collateral obligation in medical contract would be analysed based on the basic types of collateral obligation.Chapter 3 The definition of collateral obligation in medical contract. In this chapter, The basis of collateral obligation in medical contract theory would be given. the overexpansion in collateral obligation of medical contract should be especially discussed by the typical cases. The legal responsibility of collateral obligation in medical contract would be preliminary discussed in this chapter.Chapter 4 The shortage and improvement of collateral obligation system in medical contract in our country. In this chapter, the necessity and significance of establishing collateral obligation system in medical contract was given. Suggestions on improving collateral obligation system of medical contract would be got.Finally, by analysising the Legal origin and the legislation of collateral obligation in medical contract, we got the conclusion that we should define the range of collateral obligation in medical contract. It is important to limit the compensation extent in order to guarantee the rights of both patients and medical institutions.