Study On The "Impure" Negotiorum Gestio

Arrogated management of another's affairs is a universal behavior. The legal adjustment of arrogated management of another's affairs has many ways to choose. Because of the feature of this behavior, which is that arrogated management of another's affairs makes the perpetrator gains extra benefit, that is to say, the benefit perpetrator gains exceeds original owner's loss. The traditional adjustment methods such as tort law, unjust enrichment law, contract law etc. could not deal with this extra premium reasonably. Such irrationality mainly in that the perpetrator should not get the gains of their wrongful act, according to the legal value of fairness and justice. Whereas, according to the traditional ways, there do not have adequate means to prevent the perpetrator obtain the extra premium. The result is that not only legal justice fails to achieve, the economic incentive has not be removed, but also the original rights holders have not got adequate remedy. Namely there has the existence of "hidden" loopholes.Work to be done in this paper is aim to fill this "hidden" loopholes. By analyzing the feature of arrogated management of another's affairs and the resulting legal relations, the article compares the different approaches to address the problem between the major countries or regions in the world. On this basis, this paper will focus on the"impure"negotiorum gestio. In this context, the article explores in depth the concept, the constitution and the legal effect of the"impure"negotiorum gestio, And also the article explores the legal basis of the"impure"negotiorum gestio. Finally, the article reviews processing mode of the existing legal system of China on this issue, and arrive at a conclusion: the only appropriate method to solve the problem mentioned above is that taking examples from foreign legislation and formulating the"impure"negotiorum gestio.This article is formed by three major components: introduction, body and conclusions.Introduction explains the object of this paper, the origin and significance of the research as well as the goals and methodology of this research,The body is divided into five parts.In part one, the article indicates the typical form of the arrogated management of another's affairs through a case presentation, and the dilemma of the traditional adjustment model for such acts. This will do the necessary groundwork for the discussion of the"impure"negotiorum gestio thereinafter.In the part two, by the study of comparative law, this paper analyzes the different legislative patterns as to the system of the"impure"negotiorum gestio respectively. Besides, brief analysis of the basic factors which is considered in this various legislation.It comes into the main part of the discussion in the third part. This part analyzes the concept, constitutive elements and the legal validities of the"impure"negotiorum gestio.In the following part, the thesis explores the legal basis of the"impure"negotiorum gestio from the point of historical source, value considerations and methodology of analogy. And this will not only give the demonstration of reasonable and necessary, but also provides the necessary theoretical support as to that china should adopt the kind of system.In the last part, the article reviews processing mode of the existing legal system of China on this issue, points out China's current shortage of all kinds of adjustment model,Finally, the article draws a conclusion: he only appropriate method to solve the problem mentioned above is that taking examples from foreign legislation and formulating the"impure"negotiorum gestio.