Management System Study

This thesis researches on Negotiorum gestio. At first, it introduces and states the historical development and the innovation of Negotiorum gestio, and also discusses its definition, legal natures, target, as well as its social significance and functions. Later, by the analysis and comparison of the legislations of Negotiorum gestio between the Continental law family and Anglo-American law family, it points out the shortcomings of China's Negotiorum gestio legislation and makes proposals for improving the legislation in China. The paper lays special emphases on the subjective-and-objective constitutive elements and the types (esp. two major different forms ) and the legal validities of Negotiorum gestio. At last, the paper makes a comparison between Negotiorum gestio and certain other relative legal systems. Furthermore, in the conclusion, it states again its legal function, value orientation and practical significance of Negtiorum gestio.