НАТУРАЛЬНЫЕ ОБЯЗАТЕЛЬСТВА В ГЕРМАНСКОМ ПРАВЕ: ПРОБЛЕМЫ ОПРЕДЕЛЕНИЯ И ТОЛКОВАНИЯ
NATURAL OBLIGATIONS IN THE GERMAN LAW: PROBLEMS OF DEFINITION AND INTERPRETATION

Summary/Abstract: This paper considers the features of legal construction of natural obligations in the German law and doctrine. Based on the analysis of different approaches of German civil law scholars to solving the indicated problem, the author justifies their position regarding the legal nature of natural obligations, distinguishing their main features. The paper explains why, in contrast to the classical liabilities, natural obligation is considered as “imperfect obligation” (unvollkommene Verbindlichkeit). Considering the structure of natural obligations, the author singles out the main elements of the right of claim (Forderung), by which it can be realized without judicial compulsion. The paper emphasizes that, in the absence of legislatively envisaged enumeration of grounds for occurrence of natural obligations and their types, a significant role in recognizing a legal relationship as the natural obligation belongs to the doctrine and courts. On the basis of the analysis of the doctrinal sources, two main forms of natural obligations are distinguished: institutional and non-institutional. Their features are considered. Different forms and types of natural obligations indicate a fairly broad approach of the modern German civil law scholars to understanding the essence of natural obligation as of a civil legal obligation or other legal relation based on moral responsibility.

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