Comparative Study Of Nine Nation On Text Of The General Part Of The Law Of Obligation

General Provisions of the law of obligations is an important part of the Civil Code ofcivil law countries and regions, the future of China’s Civil Code is the need for thegeneral provisions of the law of obligations, law experts are still disputing. This paperselects the Civil Code of France, Germany, Japan, Russia, Italy, Argentina, Brazil,Netherlands, Portugal, nine representative civil law countries, including Germany,France, the Netherlands, although there is no Obligation Law General Principles ofthe formal sense, but substantial significance of the General Provisions of the law ofobligations. These General Principles of law of obligations to fulfill the debt, themajority of the debt, the transfer of debt and debt to eliminate the basic system arerequired, but its structure and style are different.100question summed up the form ofquestions from the general provisions of the law of obligations, and calculate thepercentage of each problem, and75%similarity basis points, come to the problemsunder study by the General Provisions of the law of obligations,59%is similar;research by the general provisions of the law of obligations, negative (41%) is greaterthan the certainty of similar; very similar percentage (35) over a similar percentage(24%); research by the general provisions of the law of obligations Look, makeregulations than to provide for more similar.China should not only formulate the general provisions of the law of obligations,but should also accelerate the formulation of the general provisions of the law ofobligations in order to solve the current loopholes in the law and legal gaps. Build mymethod of government bonds in the General Provisions structure, taking into accountthe unjust enrichment, not the contents of the management system, a smaller scale, nota separate chapters. Other hand, as the debt basis, these two systems is essential, achapter of the General Principles of our debt law should be separate debt. Expandingthe types of tort, tort law, swelling, a rapid increase in the specific type of the generalprovisions of the law of obligations obviously can not fully accommodate theinfringement of the debt. Infringement of the debt and Contractual Obligations manydifferent, it is difficult to abstract summary of the commonalities between the twosolid tort law should not be into the General Provisions of the law of obligations,therefore, the law of obligations general provisions should include the following:general debt the provisions of the debt, the performance of the debt, the debt guarantee, the transfer of debt and debt eradication.