Historical Development,Conceptual Features And Applicable Cases Of The Theory Of Non-Cause Debt Contract In Germany

As one of the basic principles of German civil law,the principle of non-cause exists not only in the realm of property law,but also through the law of obligation.Chinese scholars' research on the theory of non-cause is only concentrated in the field of property law.But the principle of non-cause can also be applied in the field of debt law.Article 780 of the German Civil Code(Debt Constraint),Article 781(Debt Recognition)is the typical example that a Codex explicit recognizes the non-cause debt contract.China's academic circles have reached a consensus on the non-cause of bill conduct,and believe that the non-cause of bill conduct is an exception to the principle of cause in the law of obligation.However,the research in this field is usually limited to the bill conduct,and it has not yet risen to the level of the non-cause debt contract,because bill conduct is the most important and typical non-cause debt contract.In fact,the non-cause debt contract in the practice of civil and commercial law is not limited to bill conduct,and it can also be seen in the fields of letters of credit,bank guarantee and undertaking of obligation exempting liability and so on.With the rapid development of the economy,the increasing international trade,the efficient and frequent flow of funds,the theory of non-cause debt contract is bound to play an important role.Therefore,the author uses her opportunity studying in Germany to deeply explore the theory of non-cause debt contract in German civil law,and learns relevant theories and judicial precedents with the help of first-hand literature materials.Finally,the author hopes to introduce the theory of non-cause debt contract to solve the relevant problems injudicial practice of our country.This article involves the following six parts:In the first part of the introduction,the author clarifies the important value of the non-cause debt contract for adapting to economic development and the current research status of this theory in China,and points out the significance of researching this theory in depth.The second part describes the evolution of non-cause debt contract in detail in the historical development.It originated from Roman law,transitioned from the medieval period and the German common law period,and was shaped into modern German law.It also examines the causes,institutional purposes and legislative background of the theory.And the theory of cause,abstract action and causative action in German law have also be analyzed.In the third part,the author introduces the theory of non-cause debt contract,clarifies the concept and characteristics of it,and expounds the relationship between the non-cause debt contract and the unjust enrichment system,aiming to explore the connotation,utility and system orientation of the non-cause debt contract in German civil law,and the connection with other related systems,to finally determine the research object and scope of this paper.The fourth part focuses on the various applicable cases of the theory of non-cause debt contract in German judicial practice,aiming to suggest that this theory also has the possibility of application in our judicial practice.In the fifth part,combined with the situation of China's economic development and judicial practice,the author analyzes the rationality and the necessity of the theory of non-cause debt contract,and points out the functions and drawbacks of the system.In the conclusion of the sixth part,based on the current legislative situation in China and the demand for the theory of non-cause debt contract in judicial practice,it is necessary for China's legislation to generally recognize the validity of non-cause debt contract.