On The System Of Negotiorum Gestio

The system of negotiorum gestio is the typical mixture of the morals and the law. The system of negotiorum gestio based on the harmony of the legal principle as "the private right is uppermost" and the moral principle as "call for giff-gaff', it keeps on developing from the period of Roman, expecting the realization of harmony and justice in society.The law acknowledges the interventionist's behavior that is according to the needs of society is legal, with a view to make society harmony. To avoid the abuse of right and inequality, the law began to demarcate the scope of the interventionist's rights strictly in the period of Roman, and then orientates the law's most important role: To standardize the interventionist's behavior, and burden the interventionist with a series of obligation as the obligation of notice, the obligation of proper management, the obligation of account, and the obligation of informing. It is worthwhile applauding that the law was coming to emphasize on regulating the manager's behavior, instead of pursuing high benefit for the obligee unilaterally. The law's soul is not punish the manager who makes mistakes, but standardizing the interventionist's behavior.The law also acknowledges the manager obtain a series of rights to seek recompense. The manager can ask for recompense for the loss of the wealth and the injury to the body that he suffered during the managerial behavior. The manager can't ask for recompense for his labor work and the income lost because of the intervention. The manager can't gain benefit from the unfair advantage that restrict the obligee'sliberty of expressing his meaning, but it is not absolutely, obligee can pay manager for any reason, although there is no obligation. Some legist point out the manager needs expanding his right, and manager can ask for recompense for his labor work and the income lost because of the intervention. Before we give our opinion on this notion, we can conclude definitely: Protecting the manager's legal right is the law's role.The text try to make an general analysis on the system of negotiorum gestio, and make an embedded study of the aim of the law and the legislation project. Bringing more attention to the system of negotiorum gestio, which was ignored in our country, is the most important goal of this text.