自然債務的體系構成：形成、性質與效力

The System of Natural Obligation: Towards Its Making, Nature & Legal Effects

自然債務的外延應當從本國實定法和概念功能兩個角度入手予以合理界定。從發生原因上看，自然債務包括法定自然債務和意定自然債務，而賭債等形態則不構成自然債務。性質上看，自然債務既不屬於民法中的”非債”，也不屬於法外空間，而是一種法律上的民事務。

The extension of natural obligation ought to be identified by the perspective of positive law and the function that the concept itself possesses. On this point of view, the legal natural obligation and contractual natural obligation are two patterns of natural obligation, while the obligation stemming from gambling and some other instances are not parts of them. Natural obligation belongs neither to 'Nicht-Schuld' nor free space out of law. It's a fundamental pattern of obligation in civil law. The ' subjective theory', which regards it as a moral obligation, has no persuasive foundation in positive law. The realization of the function of the concept the natural obligation is also impossible. The legal effects of natural obligation base on its unenforceability. In its static legal-effects, the creditor of natural obligation could not proceed to execution under self-remedy and initiative offset with debtor. To the question of dynamic legal-effects, the limits of the remedies for nonperformance rest with the purposes of secondary performance. The performances and its promises of natural obligation are limited by the subrogation rights and right to cancel, whilst the exercise of subrogation rights and right to cancel of creditor of natural obligation are also limited. The warrant of natural obligation is possible, whereas the retention for the natural obligation is impossible.