Discussion On Natural Obligation System In China

Natural obligation is not related in any provisions in laws of our country, while in thecourt case and judicial interpretation is more or less related, but not complete. Currently, intheory field, it is fierce debate about the retaining and abolishing of natural obligation.Some scholars believe that natural obligation is not necessary to be stipulated in the law;some scholars believe that, in the face of the current massive natural obligation disputes,construction of natural obligation system is necessary. This paper analyzes mainly from thesource and the development of natural obligation, and also the reality of the situation.Moreover, it compares China’s natural obligation with relevant foreign natural obligation,analyses the effect and the type of natural obligation, and excludes types that are outsidethe scope of nature obligation. In conclusion, recommendations are made to build naturalobligation system of our country, which can not only improve China’s civil law system, butalso effectively combine the moral and legal adjustment methods and carry forward thevirtues of the Chinese nation.This paper consists of five parts including introduction and conclusion, mainlyanalyzing natural obligation on its concept, type, effect, nature etc., analyzes China’scurrent situation and the existing problems about natural obligation legislation, andproposes some preliminary ideas on consummating our natural obligation system. The textis divided into five parts:The first part: the significance of the topic, put forward the research of naturalobligation. Through a comparative analysis about natural obligation at home and abroadand in the view of China’s current situation, to construct a complete set of naturalobligation system is quite necessary to solve a lot of existing natural obligation casesoccurred in judicial practice, protect the rights of the legitimate rights and interests,safeguard judicial justice and judicial trial authority.The second part: study natural obligation problems. Mainly analyzes and introducesthe concept of natural obligation, difference between natural obligation and law obligation,essence, effect, form, significance and other aspects of natural obligation. Propose that natural obligation is an unenforced obligation, whether to perform or not,is dependent onthe debtor, the law will not interfere, but if performed, it should be protected by law.The third part: Analyze natural obligation types through empirical analysis. Inconsideration of few legislation related norms,or no the relevant provisions of naturalobligation, this paper analyzes and discusses in detail on the types of natural obligationthrough practical cases of natural obligation and aims to consummate natural obligationtypes.The fourth part: on the basis of the above three parts, analyzes the role naturalobligation paid in the civil law system, puts forward some thoughts on the constructionof China’s natural obligation system, and advice on how to improve natural obligation inrespect of legislation.