The Theory Of Obliegenheiten

The obliegenheiten is a legislation requirement that require obligee complete specific behavior to take care of the interests of himself. Obliegenheiten is based on the spirit of modern civil law including substantial justice and benefit proportionate, on the purpose of limiting the creditors’ rights. Under the background of existing tectonic of civil legal relationship, obliegenheiten still belongs to the system of obligation, but it is very different from the traditional obligation.In the first chapter of this paper, we will study its conception, characteristics and nature through the comparative study of its definition, from surface to center. In the second chapter, we will study its legitimacy foundation and the working mechanism through the study of its theoretical basis. In the third chapter, we will, by comparing obliegenheiten with similar systems, clarify its working field, which will help deepen our understanding of obliegenheiten. In the fourth chapter, obliegenheiten will be typed into four typical species to make a further study. In the fifth chapter, based on the foregoing chapter, we will point out the sources which caused obliegenheiten’s controversial status, so that we can reconstruct the theory system of obliegenheiten in China.