The Research Of Collateral Obligation In Medical Contract

This paper from the introduction, the text and conclusion of two parts.The introduction part mainly introduces the writing background and significance，which mainly includes the research purpose, research ideas, writing method andpractical significance.The text includes the following four aspects:The first," the theory of medical contract collateral obligation ". This chapterdescribes the medical contract collateral obligation is conbined with the medicalcontract and collateral obligation. From the medical contract and collateral dutyconcept to define the concept of the medical collateral obligation.It clarifies themedical contract collateral obligation is different from contract collateral obligationand the relationship between main payment obligation，subordinate performanceobligation and not real obligation.The second," the legal theory foundation of medical contract collateral obligation". This chapter introduces the principle of honesty and credit is called civil lawespecially the obligations of the highest guiding principle or the" king clause", as partof the medical contract collateral obligation law theory basis is undoubted. With thehelp of the concept of the social law protect vulnerable groups,it creatively putforward the principles of tilt protection as part of the medical contract collateralobligation legal principle to better protect the patient’s interests.The third," the content of medical contract collateral obligation ". This chapter isthe core part of this paper, using the generalized concept of collateral obligation, withthe obligation before the contract, the collateral obligation of performance stage andthe obligation after contract referred to as medical contract collateral obligation andboth doctors and patients in various stages of the collateral obligation to be borne betyped. The fourth," legal responsibility of violates medical contract collateral obligation". This chapter detailed describes the responsibility nature, imputation principle,constitutive requirements and legal relief approaches of violating medical contractcollateral obligation. It treats differently on the responsibility nature and relief way ofmedical contract collateral obligation in different stages.