| Based on the present self-contained and relatively well-developed system of contract law and tort law, the codification of China's Civil Code requires the reconstruction of law of obligations and the coordination between some primary relations, such as the relationship between legal acts and contract, and answers such questions as what should be the core of the civil law, should the general principles of the law of obligations coexist with the general principles of contract law, how to manage the relations between general rules and special rules of obligations arising from different causes, and what is the proper position of the "minority" sources of obligations, such as negotiorum gestio and unjust enrichment. The French civil law, as the representative of continental legal system, has also encountered these questions while reconstructing its own law of obligations. In February 2016, France reconstructed the system of law of obligations in the French Civil Code, thus has given clear answers to the above questions and provided Chinese legislature with useful experiences in this field. The core of the French law of obligations are contractual rules, which can be applied to other legal acts. The general rules of obligations are separated from the system of contractual rules and become general principles of obligations. The structure of the law of obligation unfolds itself in the following order:"Sources of Obligations", "General Principles of Obligations", "Prove of Obligations" and special contracts. "Sources of Obligations" include general principles of contract law, tort law and other sources of obligations (the three traditional quasi-contracts:negotiorum gestio, condictio indebiti and unjust enrichment in a narrow sense). The French experiences highlight the importance of sources of obligations in the structure of the law of obligations and the centralism of contract. |
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