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On the natural bonds

Author: ZhouZhao
Tutor: LiYongJun
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Natural Debt Benefits
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 317
Quote: 3
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Abstract


The main purpose of this paper is that the interpretation of a concept. The debt of nature is a matter of civil law both familiar and unfamiliar concept: claims that \understanding of the concept, it seems only limited to \In addition, other information included in this concept are very few people interested in the country. In fact, only literally try to figure out the concept of natural debt seems there worth exploring, for example, what is meant by \The concept is to use as a significance, whether we understand it today, \understand more than the limitation of actions other than the nature of the debt, whether there are other types of natural bonds? natural bond system in the foreign legislation whether it is worth us to absorb and learn from? view of this, the concept of the natural bonds also hides a lot of we ignore the problem, and this article is an attempt by the study of the history, the empirical comparative law analysis and the concept of semantic analysis method, to interpret this concept in the study of China's civil law is not compelling, and strive to completely describe forming process and the real meaning of the history of this concept, revealing its essence, and on this basis typed carding and institutional integration, so that the natural bonds of conceptual clarity. The full text is as follows: in the preface brief introduction to the topics of origin, the purpose of writing and research methods; first part deals with the natural meaning of the concept of debt, first described this concept in the formation of Roman law, analysis of Roman law in reason giving rise to the concept of various factors; jurist of medieval scholasticism in Aristotle - Virtue Theory under the influence of Thomas Aquinas, made a presentation on the understanding of the nature of the debt and summed up the debt of nature in the classical age of Rome - Medieval meaning; followed by a comparative examination of articles for the major countries and regions of the contemporary civil law legislation on the nature of the debt and gave these legislative and judicial practice a brief evaluation; center of gravity of the article is the second part of the previous description of the history and Empirical Comparison of inspection on the basis of the second part of the two terms of the concept of \semantic analysis, pointing out both specific meaning in the concept, according to the conclusions of this study, the concept of the natural debt is defined, then, articles from occurring based on the legal effect and external characteristics of these three perspectives defines the essence of the natural debt clarify its connotation and extension of the concept of natural debt to clear; In the third section, combined with the concept of the nature of the debt, the debt of nature in our positive law institutionalized issues a preliminary study, this study is divided into two steps: First, combing the existing laws of our country and there may be a natural type of debt, its classification and induction; Second, China is discussed absorbing legislation currently not provided, but the necessity of the natural bonds exist in comparative law and operability, and other related issues. I made on the legislative proposal has always been cautious, for natural bonds institutionalized research stop there, no further indication of China's construction of the natural bonds system attitude. In conclusion, for the interpretation of the information from the concept of natural bonds last and summarized.

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