Obligaţia naturală şi obligaţia civilă
Natural obligation and civil obligation

A structural approach

Summary/Abstract: On the assumption that, at the substantive level, the natural obligation and civil obligation have the same legal basis, the commutative justice liability, understood as an adjustment measure of a possible changeover of the prior right balance, this study deals with the issue of verifying how the distinction between these two obligations is interpreted at the technical level. Outlining the technical form of the natural obligation (2) depends on a good understanding of the definition and structure of the civil obligation (1), so that our effort focused on the last one, may be accused only of a quantitative disproportion in relation to the attention paid to the structure of natural obligation. At the qualitative level, a right examination of the civil obligation, as well as of its adjacent concepts, such as the subjective right, the claim, the debt, the chargeability etc., shall provide sufficient premises to define the technical image of the natural obligation, by reference to the former.

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