On Non-Reason Contract Of Creditors' Right

According to the general opinion, the concept of the abstrakt derived from German. But in the system of German civil law, the legal behaviors which have the character of the abstract are not limited to behavior of real right and documentary. Article 780 schuldrersprechen and article 781 schuldanerkenntnis governed by The Code of German Civil Law is generally accepted for as a contract of typical for no reason legal right or call the for no reason obligation, which is the theme of this paper. This paper, divided into three greatest parts, makes a systematic discussion on the key problems of the non- reason contract legal right Part one focuses on the concept and formation of the non- reason contract legal right. The author thinks that the validity of the non- reason contract legal right is not subject to its cause and the cause which the debtor is on debt are separated from the legal behavior and that the law regulates like this in order to suit the needs of the economical development. Meanwhile, the changing of the concept of the contract and the different comprehension of the cause provided the legal possibility for the formation of non-reason contract legal right. In addition, the confirmation of non- reason legal right contract also respect principle of private legal automatics. Part two studies the concrete types of the non- reason contract legal right, which includes documentary behavior, documentary credits, demand guarantee and mutual accummute. Part three explores the advantages and disadvantages of the non- reason contract legal right. Generally speaking, because of the abstract, the non- reason contract legal right can be used to many systems in the commercial practice. In the conclusion, the non- reason contract legal right is a typical system that has the character of German law and plays an important role in modern economic life, especially in international trade.