论医疗合同中的附随义务-法律专业论文.docxVIP

黑龙江大学硕士学位论文Abstract 黑龙江大学硕士学位论文 Abstract Medical collateral obligation refers to the particular obligation that of notification， 、I曲 assistance，confidentiality,and schutzpflicht differing from the hauptleistungspflichten with the auxiliary function and protection function according to the nature of the medical service contract，purpose and trading habits，on the basis of the principle of good faith that the doctor-patient parties abide by,and it occurs in the performance of the medical service contract，then the aim of the medical collateral obligation is to assist the parties realize the payment interests or provide more comprehensive protection of the personal safety and the property security of the parties．The violation of the Medical collateral obligation is why medical disputes frequent happen，and correct understanding of medical collateral obligation has profound significance for to relax strained doctor-patient relationship．The topic of medical collateral obligation will be discussed in seven chapters． Chapter 1，firstly studies the concept，characteristics，value，content，types and theoretical basis of medical collateral obligation．In this chapter,beginning with the study of the theory of collateral obligation，furthermore，the concept of medical collateral obligation is defined，which is the base for further discussion． The second chapter is the review on the medical collateral obligation．Through probing the laws and regulations，and the typical judicial practical cases of China and other main countries of the world，this paper has analyzed the existence of medical collateral obligation and the legal consequence which the obligation should undertake． The third chapter conducts the research to informed consent obl igation．Based on - the。versea锄d domestic regulati。ns锄d cases，the f．onnati。n，legal natu陀锄d c。ntent of the informed，range，consent and legal consequences obligation has been discussed． The fourth chapter is the study of confidential ity obligation，and it