浅论自然债务

On Natural Obligation

一般民法理论将自然债务定义为欠缺强制执行力的债务或是有义务无责任的债务,履行与否,完全受制于债务人的意思,法律旁观视之。但一旦履行,将不得请求债权人返还,法律肯定债权人的受领力。同时,对于自然债务本质的研究学说有法律义务贬降说、道德义务升华说及折中说。自然债务的传统定义是值得商榷的,并且以上三种学说似乎也未能明确自然债务的本质。故兹从自然债务的历史沿革出发,通过对超诉讼时效的债务分析来明确自然债务的本质和概念,以期对我国民法典的制定有所裨益。

The normal civil law defines natural obligation as obligation without compulsory execution or obligation the person has contracted but which cannot be enforced in a court of justice. To carry out the obligation or not is entirely up to the debtor, and the court of justice will not interfere. But once it is carried out, the debtor cannot require the return from the creditor. The court will acknowledge the acceptance right of the creditor. At the same time, so far as the nature study of natural obligation is concerned, there are three ideas： degeneration of legal responsibility, distillation of moral responsibility and compromise. The traditional definition of natural obligation needs further discussion and all the above-named ideas have not clarified its nature. Therefore, starting with its history, by analyzing its expired obligation, the article clarifies the nature and concept of natural obligation so as to be helpful for the making of Chinese civil law.