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A Study On The Types And Marginalization Of The Debt Of Nature

Posted on:2017-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2296330509951477Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Debt of nature did not have special provisions in our civil legislation, but the reality of the existence and nature of the legislative gaps debt makes debt for natural necessity and type of provision is particularly important. Natural Debt produce a strong historical and geographical attributes properties, but with the progress and development of productive forces of human civilization, the birth of the original debt natural social context has ceased to exist, replaced by a bit of personality and society liter Personality absolute respect. While the corresponding natural Debt system construction is also due to changes in the social context and was given a new meaning- the debt of nature respond to new social life needs: based on moral obligation and students’ relationship lock ", the loss of the request, execution of debt. Construction of any rule are required to respond to the social life, is the use of the fact that different social needs of living classification of the debt of nature was the type of distinction, and thus the natural debt of different types of possible problems and to define Propose solutions. By defining the nature of property debt, and certainly in natural debt "debt" of the property at the same time, its type of analysis- purely natural debt, incomplete debt(debt reduction was banished nature), in full after the debt is not completely explain the substance of proposed natural debt "incomplete debt" and "pure natural debt" double type. Nature of the problem debt in the two types of legislation theory and interpretation theory face to sort out, and the usefulness of the proposed Solutions. The Causes and unscrupulous debt easily confused nature of the payment system in China is also No special provisions, which in theory makes the concept of debt and the nature of the payment for illegal reasons clearly defined, has become the pre-issue legislation. Payment for illegal reasons in our country is a widespread social phenomenon, its standardization adjustment is a positive response to the needs of people’s social life. Such as how to treat gambling debt, pay its effect Ru, how to regulate such social relations in order to ensure the value of the self-consistent legislation and the legislation of logical connection, these are placed in our civil legislation urgent problem. Meanwhile, unscrupulous debt natural causes and confusing payment system introduced by examining the legal effects of comparative law on payment for illegal reasons, especially from the countries to conduct feasibility studies on the system of payment for illegal reasons normative sense, which made gives payment for returning the perspectives and value judgments from the self-consistent, logical coherence effect on the system to provide the basis for the necessity of this view. Payment system for illegal reasons discussed largely because a complete discussion of the nature of the consideration of debt, taking into account the level of detail of the content ratio, the debt will be discussed as a natural body, and the system will pay for illegal reasons, said the discussion to "On."...
Keywords/Search Tags:natural obligation, classification, partial obligation, pure nature obligation, payment based on illegal caus
PDF Full Text Request
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