On The Relationship Between The Manager’s Content Of Consciousness And The Implementation Of Legal Validities In Negotiorum Gestio System

Today,the science of the civil law considers the negotiorum gestio as factual act inalmost all the countries and regions.However,in the academia of civil law science,the researchabout the general theory of the factual act is scarce,no more has the theoretical attempt whichanalyses and demonstrates the particular branch depending on the general theory of the factualact.This paper regards the negotiorum gestio as visual angle,aims at clearing up the qualitativefoundation of negotiorum gestio by means of the deeply analyse about the general theory ofthe factual act in civil law.In the analysis of the specific branch,this paper focuses on therelationship between the manager’s content of consciousness and the implementation of legalvalidities in negotiorum gestio system,analyses and demonstrates the issue both from the twoaspects of the positive and negative.Besides the introduction,the body is divided into fiveparts.The first part is about the position of negotiorum gestio in the civil legal fact system.Thispart starts with the analysis of the constitutive elements of negotiorum gestio,then analysesthe connotation and the types of the factual act,finally reaches a conclusion.Negotiorum gestiois a separated legal system because of its patterns of behavior and system content distinguishit from all the other legal system.Based on the objective constitutive elements only focus onthe factual courses and results,the subjective constitutive elements only consist in themanaging behaviour and its content can’t effect on the legal validities,the negotiorum gestiobelongs to the factual act in civil law.Under the system of factual fact,the negotiorum gestiobelongs to the "Realakte mit Verselbestaend igung des Willensmoments".The second part is about the attribute of the manager’s content of consciousness.Firstfrom the general point of theoretical view,this part demonstrates the attribute of the factual actsubjects’ consciousness,then analyses the content about the manager’s consciousness,finallyreaches a conclusion.Different from the expressed intention,the factual act subjects’consciousness doesn’t have the value pursuit and the quality requirement.It also can bepresumed by the appearance of action.And it isn’t associated with the implementation of legalvalidities.So the the factual act subjects’ consciousness can be detailed as natural meaning andnoumenal intention.In the negotiorum gestio system,manager’s subjective content also has thesame attributive definition.The third part is about the legal validities of negotiorum gestio and its justification.This part elaborates the concrete content about the legal validities of negotiorum gestio firstly,thenprobes into the resources and basis of the legal provisions on the specific legal results.Thenegotiorum gestio is a kind of legal system which deeply tinged with the norm of morality,it’salso a type of civil obligation which restores the balance of interests between the civil subjectsby legal consequence based on interest measurement.In addition,the application of theprinciple of good faith has greatly influence the legal provisions enacting.Therefore,thejustification of the legal validities of negotiorum gestio includes three aspects,namely socialethics basement,interest measurement and the application of the principle of good faith.The fourth part is about the relationship between the manager’s content of consciousnessand the implementation of legal validities in negotiorum gestio system.This part is mainlyreached two conclusion according to the the previous sections.First,although negotiorumgestio has its particularity under the factual fact system,but it still hasn’t beyond the commoncharacter of factual fact,its legal provisions setting is based on the outside of the manager’scontent of consciousness instead of considering the content of manager’s consciousness.Sothere have no connection between the manager’s content of consciousness and theimplementation of legal validities in negotiorum gestio system.Secondly,although themeaning of management for others have the regulatory function in system structure,but it’svery limited.The fifth part is epilogue,points out the paper clarified the issue from both the positiveand negative side.On the positive side,the paper analysed the position of negotiorum gestio inthe civil legal fact system firstly,in addition to the classification of factual act,carried out theconclusion by applying the general theory about the factual act.On the negative side,the paperexpounded the content of legal validities in negotiorum gestio system,then clarified thelocation of negotiorum gestio under the law of obligation,together with analysing thejustification of the legal validities of negotiorum gestio,reached the final conclusion on thenegative side.