注意义务起源于中世纪的普通法,是行为人在当时特定的情形下所必须遵循的行为准则,并在此情况下所应当具有的合理的注意而避免给他人造成损害的义务。该制度在大陆法系的发展明显不如英美法系,但对于该制度的研究可以借鉴运用于我国侵权法之中对于过错的认定,具有重大意义。 The obligation of duty, which originated in the common law of the Middle Ages, is an obligation to be observed by the perpetrator in the particular circumstances of the time, and should be given reasonable care under such circumstances to avoid any injury to others. This system is apparently less developed than the common law system in the civil law system, but it is of great significance for the study of this system to draw lessons from the application of the law in the tort law of our country.