| The emergence of negotiorum gestio system can be traced back to the Roman era thousands of years ago,and has been retained so far.It has become a more important system in the civil law of many civil law countries.The system is the embodiment of the legalization of moral standards.It encourages people to lend a helping hand and help each other,but at the same time,it prohibits excessive interference in other people’s affairs and maintains autonomy of will.The civil code has changed the previous situation that only one legal norm was used to stipulate the negotiorum gestio system,and seven articles were used to stipulate the negotiorum gestio system,making the system more complete.However,some problems are still not clarified,resulting in application problems,which need to be studied and discussed.This paper focuses on the legal application of the negotiorum gestio system.In addition to the introduction and conclusion,it is divided into four parts.The idea of the article is as follows: The first chapter combs the existing legal rules of the negotiorum gestio system and the judicial percedents on negotiorum gestio in 2021,and analyzes the legislative and judicial status of negotiorum gestio system,and points out the current application difficulties,Clarify what is discussed below.The second chapter analyzes the development history of the system,makes it clear that the negotiorum gestio system is established because the law encourages people to protect the interests of others out of a sense of justice,and makes it clear that its value basis is reciprocal altruism-allowing managers to pursue material or spiritual rewards while protecting the interests of others.Through the above analysis,it lays a theoretical foundation for the conclusion of the full text.The third chapter defines the constituent elements of the negotiorum gestio system.First of all,it is clear that the inadequate negotiorum gestio is the debt of the negotiorum gestio system.The application of the negotiorum gestio system should include the inadequate negotiorum gestio,and clarify how to identify negotiorum gestio system;Secondly,in view of the application dilemma put forward above,this paper focuses on the elements of "management intention" and "unable to determine or agree on obligations" in the constituent elements of non causal management,discusses the advantages and disadvantages of the current two mainstream theories of determining management intention,believes that the management intention should implement the theory of standardization,and believes that the inability to determine or agree on obligations should be understood as that the parties are not subject to special exclusive regulation by law.The fourth chapter discusses the core legal effect of negotiorum gestio system,the manager’s right to claim,and makes it clear that the repayment amount of management expenses should be within the scope of "property loss voluntarily paid by the manager when managing affairs";If the loss suffered by the manager is caused by typical risks,it can request the beneficiary to make appropriate compensation.On the contrary,if it is caused by atypical risks,it can not claim compensation. |
