Natural obligation

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Natural bonds (also natural liabilities or imperfect liabilities in the broader sense ) are liabilities , the procedural can not be enforced in a voluntary power , however, a purchase basic form.

Case groups according to German law

The bonds in kind originate from Roman law ( Latin obligationes naturales ). According to German law, a distinction can be made between the following groups of cases: unenforceable liabilities, claims without material liability and claims that are statute-barred.

Impeachable Liabilities

As unklagbar This is defined demands , although substantive law are binding procedural but can not be enforced, because to them the process requirement of enforceability is missing. According to the prevailing opinion , the engagement establishes the legal obligation to marry , but according to Section 1297 (1) of the German Civil Code ( BGB) this cannot be sued.

Claims without substantive liability

Also, the fulfillment of a claim without substantive liability cannot be sued; However, if the requirement is fulfilled voluntarily, it forms a legal basis within the meaning of § 812 Paragraph 1 Sentence 1 BGB. One also speaks of imperfect liabilities in the narrower sense . Among other things, gambling and betting debts in accordance with Section 762 (1) of the German Civil Code (BGB) and liabilities that have not been redeemed following discharge of residual debt in accordance with Section 301 (3) InsO are recorded . The classification of matrimonial contracts according to § 656 BGB in this case group is disputed (according to the opposite view it is a non-actionable liability).

The phrase "betting debts are debts of honor" expresses that gambling and betting debts cannot be sued in court.

Statutory claims

Finally, after the objection has been raised , claims that are statute-barred can not be enforced in accordance with Section 214 (1) BGB; however, according to Section 214 (2) sentence 1 of the German Civil Code (BGB), the reclaim of what has been achieved to satisfy satisfaction is excluded.

International

In the Austrian ABGB , comparable regulations can be found in § 1271 ABGB (betting) and § 1432 ABGB (limitation period).

In the French Civil Code (CC), the recovery of voluntarily fulfilled natural obligations ( French obligations naturelles ) according to Art. 1235, alinéa 2 CC is excluded; This includes, among other things, statute-barred claims.

Article 2034 of the Italian Civil Code ( Codice civile ) introduces the legal form of the natural obligation ( Italian obbligazione naturale ). The term refers to services that are not fulfilled for legal, contractual or tortious reasons, but instead for social or ethical and moral reasons and for which there was no legal obligation ( Italian dovere sociale o morale ). The express legal regulation of bonds in kind is due to their high relevance in legal transactions, are unilateral acts ( Italian atti unilaterali ), which lack action in contrast to bonds, in which legal remedies are available. Classic examples are gambling and wagering .

This means that these legal circles are also based on Roman law.

See also

literature

  • Götz Schulze : The natural obligation: legal figure and instrument of legal relations then and now - at the same time laying the foundation for a doctrine of claims under civil law , Mohr Siebeck, Tübingen 2008, ISBN 978-3-16-149407-9 (also Heidelberg University, habilitation thesis 2007).

Individual evidence

  1. ↑ Cf. Heinz-Peter Mansel , in: Othmar Jauernig (Hg.): Bürgerliches Gesetzbuch , 12th edition 2007, § 241 Rn. 20th
  2. ↑ a b Heinz-Peter Mansel, in: Othmar Jauernig (ed.): Bürgerliches Gesetzbuch , 12th edition 2007, § 241 Rn. 20th
  3. ↑ Heinz-Peter Mansel, in: Othmar Jauernig (ed.): Bürgerliches Gesetzbuch , 12th edition 2007, § 241 Rn. 21st
  4. ^ Christian Berger, in: Othmar Jauernig (ed.): Bürgerliches Gesetzbuch , 12th edition 2007, § 1297 Rn. 1.
  5. ↑ a b c d Heinz-Peter Mansel, in: Othmar Jauernig (ed.): Bürgerliches Gesetzbuch , 12th edition 2007, § 241 Rn. 22nd
  6. ↑ Helmut Grothe, in: Munich Commentary on the Civil Code, 5th edition 2006, § 214 Rn. 3.
  7. ↑ Helmut Grothe, in: Munich Commentary on the Civil Code, 5th edition 2006, § 214 Rn. 9.
  8. ↑ Jean-Luc Aubert, Éric Savaux: Introduction au droit et thèmes fondamentaux du droit civil , 12th edition 2008, p. 13 (No. 13).