Study On The Restitution Of The Extra Revenue Gained From Unauthorized Disposition Via Application Of Negotiorum Gestio Analogy

This paper studies the restitution of extra revenue gained from unauthorized acts of disposition according to the principle of Negotiorum gestio. It is aimed at solving the attribution problem of "extra revenue" obtained from unauthorized parties. The actor uses it as his own, knowing perfectly well that it belongs to the other person, or due to negligence, or going against the owner’s wishes. In the above cases, if the actor disposes the object concerned and justifiably obtains a premium, the attribution problem has not been solved adequately through tort law, contract law or unjust enrichment law. Not only is it insufficient for the owner’s relief, the economic incentive cannot be eliminated for the actor. Also, the value of the fairness and justice ideals which the law pursues has been violated. Therefore, taking examples from the "impure" negotiorum gestio system in the legislation of foreign countries and Taiwan district, this paper boldly demonstrates that the negotiorum gestio system is a more effective way to solve the ownership problem of gaining extra revenue via unauthorized disposition.This paper consists of the introduction, main body and conclusion.The introduction clarifies that the purpose of this paper is to solve the ownership problem of "extra revenue" obtained from unauthorized disposition. At the same time, by analyzing the concept of unauthorized disposition, the negotiorum gestio system, and relationships and differences between them, it proves the feasibility of the restitution of extra revenue gained from unauthorized disposition via application of the Negotiorum gestio system analogy.The main body includes the following four parts.The first part discusses the general knowledge of the restitution of extra revenue gained from unauthorized disposition via applying the Negotiorum gestio system analogy. First of all, using cases as a starting point, it analyzes the plight of the restitution of extra revenue gained from unauthorized disposition and how it should be adjusted in accordance with the existing legal framework. Namely, based on tort law, contract law or unjust enrichment law to adjust, a satisfactory result cannot be reached. Also, it is obviously unfair and unreasonable. Then, through the interpretation of different perspectives of academic circles, the analysis considers whether the Negotiorum gestio system analogy should be applied to the restitution of extra revenue gained from unauthorized disposition. Finally, it discusses the necessity of the restitution of extra revenue gained from unauthorized disposition via application of the Negotiorum gestio system analogy.The second part discourses the jurisprudence basis of the restitution of extra revenue gained from unauthorized disposition via applying the Negotiorum gestio system analogy. The actor has to pay extra revenue back to the owner, due to subjective fault, via application of the Negotiorum gestio system analogy, which is consistent with the principle of "no one can gain benefit from his own fault". Meanwhile the economic incentive for persons conducting illegal acts of unauthorized disposition can be eliminated.Part three is the main body of the paper. It probes into rights and obligations of actors and owners in the two most typical cases of restitution of extra revenue gained from unauthorized disposition via application of the Negotiorum gestio system analogy.The last part probes the special cases of extra revenue gained from unauthorized disposition, such as, well-intentioned but obviously violating the owner’s will, actor lacking capacity for civil conduct, or by Accessio. These special cases are currently controversial or lacking thorough investigative research in academic circles.The conclusion summarizes the full text.