Study On Some Issues Of Negotiorum Gestio

Negotiorum gestio means that conducts a transaction for another person withoutbeing instructed by him or otherwise entitled towards him. Negotiorum gestio systemis one of the causes of obligations, occupying the important status in the civil lawsystem, and also had been regulated as a quasi-contract as early as the period ofRoman law. The article677and article677of German Civil Law have carried on thedetailed rules for negotiorum gestio system, distinguish between "impure" negotiorumgestio and "pure" negotiorum gestio by general constitutive requirements ofnegotiorum gestio; then the "pure" negotiorum gestio is divided into appropriatenegotiorum gestio and inappropriate negotiorum gestio, and provides thecorresponding constitutive requirements and legal effect, etc.The first part of this paper makes a brief introduction of the concepts、provisionsand whole system of negotiorum gestio in the German Civil Law, involving the maincontent of the specific provisions and effect of negotiorum gestio system, and thedistinction between "impure" negotiorum gestio and "pure" negotiorum gestio.The second part of this paper mainly introduces the appropriate negotiorumgestio system as an important type of negotiorum gestio. If the assumption of agencycorresponds to the interest and the real or presumed will of the principal, it wouldconstitute the appropriate negotiorum gestio. The appropriate negotiorum gestio mustconduct the business in such a way as the interests of the principal require in view of the real or presumed will of the principal. Meanwhile the voluntary agent maydemand reimbursement of expenses. And the scope and content of reimbursement ofexpenses is the core of this article.The third part of this paper mainly introduces the other type of negotiorum gestionamed inappropriate negotiorum gestio. If the assumption of agency is at variancewith the real or presumed will of the principal and if the voluntary agent should haverealized this, it would constitute the inappropriate negotiorum gestio. Judginginappropriate negotiorum gestio mainly according to the real or presumed will of theprincipal, without considering the interests of the principal. The inappropriatenegotiorum gestio means the assumption of agency is liable to compensate theprincipal for damage arising from the agency, and the principal is obliged to returneverything that he obtains as a result of the voluntary agency under the provisions onthe return of unjust enrichment. The property、boundary、and scope of the claim toenrichment are cores of this article. When an issue involves in the public interest or astatutory maintenance duty of the principal, even if the assumption of agency is atvariance with the real or presumed will of the principal, this does not constituteinappropriate negotiorum gestio, and just an exception of the subjective principle.