Study On The Constitutive Elements And The Legal Validities Of Negotiorum Gestio

Negotiorum gestio is an important system of civil law,but our "General Principles Of The Civil Law Of The People's Republic Of China" have too simple prescriptions on it and it is too difficult for application.This thesis researches on the constitutive elements and the types and the legal validities of Negotiorum gestio, in order to be beneficial to the enactment of our civil law code.The thesis includes four chapters. At first, it introduces and states the historical development and the innovation of Negotiorum gestio.chapter One discusses its concept,legal nature,target,as well as its social significance and function. Also in this part,it analyzes and compare the legislations of Negotiorum gestio between the Continental law family and Anglo-american law family. Chapter Two explicates the constitutive elements.Chapter Three states the types and the legal validities of Negotiorum gestio detailedly.Chapter Five is the conclusive part of the paper, by the study and drawing on the legislations of Negotiorum gestio of the continental law family,especially the legislations of area of Taiwan in our country,it makes proposals for improving the legislation in China and introduces the concrete legal clauses of Negotiorum gestio.