Natural Debt Research

Natural obligation is originated from Roman law. In Roman law, it is contrary to legal obligation. There was not the concept of natural obligation in the early Roman law. Natural obligation system existed in the late Roman Republic when the thought of Greek natural law came into Rome, especially when Greek Stoic philosophy was accepted. In Roman law, natural obligation is divided into pure and impure natural obligation. Pure natural obligation has more legal effect than impure one. The debtor of pure natural obligation promises performing or establishing pawn or pledge, which have legal effect. Impure one is essentially a moral obligation.There is a great deal of natural obligation in Roman law because of its strict formalism. Natural obligation decreased with the establishment of the meaning governed principles in the 16th century. There is a less importance of natural obligation system but it exists for its unique value. In modern civil legislation there are regulations concerned about natural obligation in most countries. As far as natural obligation is concerned, there are French legislative model and German legislative model in the civil law. The unenforceable contract system in the common law has much in common with the natural obligation system. The civil law of French legal system defines the natural obligation definitely. While within German legal model, the usual effect of natural obligation is not defined clearly. However, its types, such as the obligation after the limitation period is defined in detail. Both the two legal models have advantages and disadvantages.Natural obligation is an obligation defined between legal obligation and non-legal obligation. It doesn't contain all the legal effect of legal obligation because it doesn't contain all the essentials of legal obligation. The creditor of natural obligation can't ask the court to take legal proceedings because natural obligation lack mandatory implementation force, its request force is incomplete, and its disciplinary right is also incomplete. However natural obligation hascertain legal effect. For example, if the debtor performs the duty voluntarily, the creditor has right to remain the recompense, and the debtor can't ask for returning it because it is not unjustified benefits. Natural obligation system is different from illegal recompense system because the obligation concerned about illegal recompense system is invalid while natural obligation has certain legal effect.The types of natural obligation are the obligation after procedural limitation period, the obligation exceeding the legal applying executive deadline, the unpaid obligation during the reorganization or bankrupt procedure of the enterprise, the obligation based on moral obligation, the natural obligation established by contract, etc. The obligation after the procedural limitation period has relatively stronger legal effect because the debtor promise implementing or offering guarantee, and its promise and guarantee is valid. In our country, a gambling obligation doesn't belong to natural obligation.However, in our country there is not universal legal provision in civil law except some concrete regulations, and there are few researches in this circle of civil law. The gap in legislation and the neglection of theoretical research will objectively make a mess in dealing with natural obligation issues, even make some judgment lose justice. So it is necessary for civil law to establish the legal system of natural obligation, which is also significant to make the theory of civil law perfect. According to the civil situation in our country', this essay designs the concrete legal system of natural obligation.