On The Natural Obligation

Natural obligation refers to such sort of obligation with which a giving iswithout enforceability but voluntary performance ance shall entitle them a right ofholding effect. Obligation in civil law include natural obligation as well as civilobligation.Natural obligation is a special obligation which lies between completelegal obligation and moral obligation and shows social relation entering the domain oflaw in different odes and reflects a special fusion of morality and law。Natural obligation is origination from Roman law. In Roman law,it is contrary to legalobligation. There was not the concept of nature obligation in the early Roman law.Natural obligation system existed in the late Roman Republic when the thought ofGreek natural law came into Rome,especially when Greek Stoic philosophy wasaccepted.There is a great deal of natural obligation in Roman law because of its strictformalism. Natural obligation decreased with the establishment of the meaninggoverned principles in the16th 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,there are Frenchlegislative model and German legislative model in the civil law.The unenforceablecontract system. The civil law of French legal system defines the natural obligationdefinitely. While within German legal model,the usual effect of natural obligationdefinitely. While within German legal model,the usual effect of natural obligation isnot defined clearly. However, its types,such as the obligation after the limitationperiod is defined detail.The types of natural obligation are the obligation are the obligation afterprocedural limitation period, the obligation exceeding the legal applying executivedeadline, the unpaid obligation during the reorganization or bankrupt procedure of theenterprise, the obligation established by contract, etc. The obligation after theprocedural limitation period has relatively stronger legal effect because the debtorpromise implementing or offering guarantee,and its promise and guarantee is valid.However, in our country there is not universal legal provision in civil law exceptsome concrete regulations. The gap in legislation and the neglection of theoreticalresearch will objectively make a mess in dealing with natural obligation issues,evenmake some judgment lose justice. So it is necessary for civil law to establish the legalsystem of natural obligation,which is also significant to make the theory of civil lawperfect. According to the civil situation in our country, this essay designs the concretelegal system of natural obligation.