On Replacement Of Obligation System

The replacement of obligation system derived from Roman law, which was the rule initially constituted to solve the issue of the transfer of obligation. Later, through the succession and development of the civil laws in different countries of the two systems of law, it became gradually an independent and complete system of institution. Most of the civil codes in the countries of the system of civil law had the definite regulations related to it; furthermore, in the countries of the system of common law, the regulations on it had reached the precise degree. In some way, the completeness of the latter surpassed the former. In traditional civil law, the transfer of the obligation was one of the reasons for the elimination of obligation, which had the functions of fulfilling the obligatory right, transferring the obligation, simplifying juridical relation and protecting the legal benefit of the creditor. It is the system which can not be replaced with the systems of assignment of credit, assumption of debts and modification of obligation. This system is suitable for various contents of the debt and the obligations happened for different reasons. The phenomena of the replacement of obligation exists in our life, its systematical value does not only lie in the difference between the definitions of it and other systems. From the big aspect of the accordance with the lawful principles to the small one of the completion of the special lawful institution, there are all have the necessity of the existence of this institution. However, the current draft of China's civil law doesn't include it. For this reason, the research on this system has the legislative significance.This article preceded the discussion in three parts,the historical evolution of the replacement of obligation system, the institutive requirements of the system and the necessity of the existence of the system. Finally, the author drew the conclusion which was not only China's civil needs to succeed this system, but also it should absorb the elite of the elated institutions in systems...