On The Essence Of Natural Obligation

Natural obligation was born in Roman law at the same time with civilobligation. It is different from, while related to civil obligation and puremoral obligation. It is a bridge between legal norms and ethics in fact. Theaim of study on natural obligation is to get a better understanding of itsspecific value, and fill the vacation of the existing law system.We will get a visual impression on natural obligation throughresearching its origin and evolution in Rome law and modern civil laws.By describing its essence and effect, we get a deep understand of thenature obligation. At last, we will understand the independence and maintypes of natural obligation by comparing it with other systems.Chapter I describes the types and effect of the natural obligation inthe Rome law, mainly introducing the pure natural obligation andnon-pure natural obligation and analyzing the causes and background ofnatural obligation.Chapter II sums the existence of natural obligation in the moderncivil law of continental law system.These rules are divided into two types:one makes provision for natural obligation in the code directly and clearly;the other doesn’t mentioned the concept of natural obligation. It isnecessary to accept the concept of natural obligation in the modern civillaw.Chapter III analyses the characteristic of natural obligation to clarifythe value of its independent existence. This paper argues that thecharacteristic of natural obligation should be different from civilobligation, and the majority of it is based on moral obligation. Naturalobligation is the connection point between moral and legal obligation,reflecting their commonality. Chapter IV analyzes the effect of natural obligation, at the same timesummarizes the elements of natural obligation, which should include astrong moral obligation base, prestation of property and a specificrecipient.Chapter V analyzes several kinds of natural obligation, such asnatural obligation after the limitation of action has expired, naturalobligation based on moral obligation, but illegal prestation was notincluded.