A General Introduction To The Natural Obligation

The natural obligation, according to the logically coherent argument, refers to the creditor not to be able to depend on sues the compulsion fulfillment, but once the debtor pays, then his payment constitutes paying off effectively, the debtor can not request to return according to the paying off based on the non-debt. Natural debt, although stems from the ancient Roman law, but now the scholar also frequently mentions the natural obligation in its work and the elaboration, moreover we may also see its form in some country's court's decision and the code civil. For example Germany, France, Italy, Japan and so on also have the related natural debt legislation. Our country is narrow regarding the natural debt's prescribed limit, moreover our country civil law does not have naturally debt principled stipulation.This article mainly studies the natural debt through the theoretical analysis, the article divides into four parts approximately. The first part of the basic theory of natural debt. This part mainly elaborated the scholars to the natural debt meaning different limits, and after analyzing and studying scholars' viewpoint, I proposed myself related natural debt concept understanding. This part also introduced the natural debt's type, according to the different classified standard, the natural debt may divide into the different type. Simultaneously I have analyzed the natural debt essence from two kind of angles of the legal obligations falls and the moral duty sublimation saying. Finally I briefly introduced the natural debt general potency. The second part of Roman law natural debt. This part elaborated in the Roman law the related natural debt stipulation, elaborated how in the Roman law to differentiate the natural debt and the legal obligation, and briefly analyzed natural debt rationale. Third part of natural debt in modern various countries different legislation and judicial practice. This part mainly introduced German, French, in the UK-US legal system and the mainland legal system about the natural debt's different legislative pattern, and has carried on the comparison to its related natural debt's judicial practice, thus provided reference for our country related natural debt's research. The fourth part of construction of China's civil law thinking natural debt. Our country civil law regarding natural debt stipulation existence certain legislation flaw, therefore we have the necessity to consummate our country's natural debt system, and proposed constructs our country civil law natural debt the legislative suggestion. Finally I had pointed out the main intention of writing this article.