Research On The Negotiorum Gestio System

The negotiorum gestio system has been playing its value-judging role betweenpersonal autonomy and social collaborative interests in the area of civil law ever sincethe introduction of Roman Law. During the course of its development andimprovement, the social background and moral values changed and as a result, theconstituent elements and rules of the negotiorum gestio shall advance with the timesas well.This thesis unfolds based on the recognition that as long as the self-responsiblebehavior does no harm to others and the community then the behavior shall be fullyrespected. So as to bring the negotiorum gestio system into full play, its constituentelements shall be carefully defined by laws for achieving balance among the parties’rights and obligations and fulfillment of one’s justified benefits. Take this intoconsideration, the thesis can be divided into four parts, apart from Introduction andEpilogue: Chapter I Outline, Chapter II Constituent Elements and Classification ofNegotiorum Gestio, Chapter III On Necessary Expense of Negotiorum Gestio andChapter IV Status Quo of Negotiorum Gestio in China and Legislation Proposal.Serving as the very beginning of the paper, Chapter I provides an overview of thegeneral theory of negotiorum gestio, including its origin, development, definition andtheoretical basis as well as the comparative legislation analysis on major countries. InChapter II, constituent elements and classifications of negotiorum gestio is sorted after parsing the meaning of all the elements.Necessary expense of negotiorum gestio and negotiorum gestor’s right to claimrewards, which are the keystone of the thesis, are analyzed in Chaper III. Since theexpression of “necessary expense” in Chinese Civil Law is reasonable but far fromperfection, further research is required to address the controversy on the definition. Asfor the right to claim rewards, the right shall be granded to the negotiorum gestorunder certain circumstances based on rational analysis and openness to foreigncountries’ practice.Chapter IV is about the legislative and implemting status quo of negotiorumgestio of China. Accordingly, suggestion for further improvement is offered in termsof balancing the interests and legislation.This paper strikes to break the moralized mental set in negotiorum gestioresearch, sticking to the preciseness and neutrality of legal reasoning. No matter it’sindividual-oriented or community-oriented, negotiorum gestio encourageswarmheartedness and generates reciprocity, which is of overwhelming significancenowadays. It would be the author’s great privilege if the thesis is thought-provokingand helpful to the perfection of the negotiorum gestio system in China.