Relativity Of Obligation And Its Breakthrough

Relativity of obligation is honored as"the first footstone of civil law system", for the legal effect yielded by consent of both parties is strictly ruling both parties themselves only, which is considered to fully display the core value of autonomy of the will of civil law. Whereas, with times development, complication and diversification of transaction, and people's pursuit to fairness and justice, especially since 1950s, legal rights of creditor can not be protected appropriately for stubbornly adhering to relativity of obligation, which has been impairing civil law system. Hence, the relativity of obligation has been broken through accordingly in various law systems and countries including China. With respect to the reality of this issue, I select Relativity of Obligation and its Breakthrough to be the title of my Master Degree's thesis.This thesis consists of three chapters. In the chapter 1, the historical development on the establishment of relativity of obligation is introduced. With analyzing the nature of creditor's rights and connecting with various law systems and China situation, introducing and comparing relativity of obligation on Roman Law times and Neoteric and modern times, I depict the footstone of relativity of obligation in civil law system, and its some breakthrough in Neoteric and modern times and the necessity. In chapter 2, I set forth logical rationale and practical reasons of relativity of obligation breakthrough. With the introduction of various law systems and China situation, I display the breakthrough details, which articulates stubbornly keeping to relativity of obligation of Roman Law has been violating times development, and the breakthrough is necessary and inevitable.In chapter 3, through further analyzing relativity of obligation breakthroughs and with times development, I make the conclusion: one hand, we have to stick to relativity of obligation, abandoning which will be perishing the core value of autonomy of the will of civil law; on the other hand, we have to understand in new times, breakthrough is an inevitable tendency. Meanwhile, some analysis and suggestions on systemizing the breakthrough is made and raised.Law, as important part of superstructure, in new times, has to be adapted, even if relativity of obligation, as the foundation stone of civil law can not be an exception. More importantly, with the condition of accepting its footstone status, we have to contribute new significance, which can more strongly promote economic base development.