On The Establishment Of The General Provisions Of The Law Of Obligations

Weather to institute the general provisions of law of obligation is a principle issue on related to what style civil code we should make .It is also on related to how to design the place of the contract,negotiorum gestio,unjust enrichment and act of tort in the civil code.So the research on this issue has an important theoretical and practical significance.This article references amount of literatures on civil law at home and abroad.It reseaches how scholars discusse institute the law of obligation.Firstly,this article study the changes of the law of obligation of the main continental law system countries.Then it analyses weather to institute the general provisions of law of obligation in our civil code from the point of view of civil code system.From the early 20th century, our county's civil code has derived the continental law system. It is Chinese national culture and historical traditions inevitably choice this.Our law of obligation should stress the systemic and the logic,institute the general provisions to guide the contract law and the law of tort.Thirdly,this article studies the issue from the point of view of the contents of the civil code.The writer discusses the nature of the obligation, deems that it should be the burden of the debtor.Obligation is standard of debtor and real right is standard of right.This differences their realization means.At the end,the article discusses the structrue of the law of obligation,The general provisions of the cilvil code leads the general provisions of law of obligation,and then the general provisions of the contract law and the general provisions of the law of tort.