• Title/Summary/Keyword: 비채변제

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Review of the Theory of Natural Obligations (자연채무에 대한 재검토)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.12 no.5
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    • pp.79-87
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    • 2014
  • In general, at the relationship between claim and obligation if debtor does not fulfill its obligations arbitrarily the creditor can claim to debtor such as lawsuit. It means, despite the debtor ordered payment through the judgment, if debtor disobey that judgment, compulsory execution can be performed by the force of the country. In the end, fulfillment of obligation is enforced by national authorities in principle. However, exceptionally, even it established as a valid debt, if debtors fulfill themselves, they may not be protected from the national authorities. That is the natural obligation. The natural obligation originated from the Roman law which enforces strict type legal system and it is exceptional phenomenon in modern civil law which is made up as that all the bonds are likely to recourse. Therefore, in Korean theory acknowledge that debt is natural obligation and there is no exception. However, there are still controversy about the presence and occurrence of natural obligation. So, in this paper, want to review about its extent and effect including the concept of natural obligation.