A Study On The Types Of Natural Obligation

People's economic exchanges have become more frequent,followed by the diversification of obligation relations'the existing obligation system has been unable to meet the needs of social development.Natural obligation system is a lagging manifestation.The system of natural obligation was an ancient legal system that originated in the Roman law.Roman law made perfect provisions for it.The laws and systems inherited from the Roman law system have also extended this rule.However,due to the diversity and variability of the natural obligation,these countries and regions also embody the local nature and flexibility of natural obligation.As far as the current legislative model is concerned,it can be roughly divided into the French law system,the German law system and the Anglo-American law system.According to the characteristics of the local legal system and judicial experience,they have formed a disrtinctive natural obligartion system in both academic and legislative terms.There are not a few natural obligation cases in our country,judicial practice,but they have not been given enough legislative attention.Only sporadic regulations can hardly meet the current demand for obligation disputes.However,the academic community has not yet formed a more consistent understanding' of the system.The debate over the connotation,nature,type and effectiveness of natural obligation is endless.Therefore,the current natural obligation system has not exerted its proper normative function and perfected the value of obligation theory.This article firstly introduces the"past and present life"of natural obligation system,analyzes what is natural obligation and clarifies the research significance of the system;secondly,it compares and analyzes the nature debates of natural obligation,and draws its impact on the range of natural obligation types;it introduces the representative legislative cases to analyze the legislative model that may be used for reference;the other is to summarize the existing natural obligation types through a large amount of practical data and analyze the jurisprudence involved;Finally,we comprehensively analyze the legislative model and provisions,and accordingly propose the legislative provisions.