An Analysis Of Non - Management System

In a state under the rule of law, civil law is undoubtedly very important.Sophisticated civil law system is necessary to better protect personal and property rights of every citizen and guide people to live a better life in legal society.And a sophisticated civil law system requires the completion of all civil laws.As a vital civil legal system, negotiorum gestio system plays a key role in civil legal system.With the constant social development and refinement of social division of labor,law is required to be practical in guidance of social practice.However,the law cannot meet the requirements of social development in view of current condition of negotiorum gestio system.Thus,it requests improvement and perfection,which exactly is the purpose and significance of the study on negotiorum gestio system.this essay begins with a real court decision and expound the system from below 4 parts.The first part is summary of negotiorum gestio system, expounds the concept of negotiorum gestio respectively, its meaning is no legal or appointed obligation, for others to engage in the behavior of the transaction management. Then described the historical evolution of the negotiorum gestio, negotiorum gestio system began in Roman law, the law from France to Germany to Japan method and our country Taiwan area of civil law, without constantly perfect management system. And analyzes the theoretical basis of negotiorum gestio and the theory of evolution, finally discusses the negotiorum gestio in law, ethics, economy three aspects of value;The second part of the legal system for negotiorum gestio did a review, on our country’s legislation has made the provisions and requirements, and points out the legal system of negotiorum gestio is not clear, the legal system exists the effect is not clear, legislative, and judicial decoupling problem;The third part introduces and analyzes the legislation system of negotiorum gestio outside, mainly composed of the civil law countries, introduces and analyses the French negotiorum gestio, Germany under quasi contract attached to the appointed under the contract are relatively independent of negotiorum gestio and Japan fully independent as independent causes the debt of negotiorum gestio, and introduces the theory of Anglo-American law system theory of negotiorum gestio;The fourth part is on the basis of other country legislation and theory research of our country puts forward some Suggestions of negotiorum gestio system building and constitutive requirements of negotiorum gestio should be detailed and specific, establish the proper type of negotiorum gestio, clarify the legal effects of negotiorum gestio.