On The Negotiorum Gestio

Negotiorum gestio is derived from Roman law, which occupies an important position in the system of law of obligations. Negotiorum gestio should be one's behavior who has no right or obligation, but manages affairs for others. Negotiorum gestio is built on altruism. In traditional civil law system , negotiorum gestio includes legal negotiorum gestio and illegal negotiorum gestio .But this does not meet the requirements of altruism, putting too much content into the system of negotiorum gestio .So the system becomes too large. Anglo-American law is conservative to negotiorum gestio, which stipulates analogous negotiorum gestio in the law of restitution.Building constitutive requirements of negotiorum gestio under a huge system is unreasonable. Negotiorum gestio should include only traditional legal negotiorum gestio. And we can learn from Anglo-American law. Constitutive requirements of negotiorum gestio should take the theory of 5 requirements: 1. Must have the behavior of management of others affairs. 2. Have the meaning of management for others. 3. Should have no legal rights and obligations. 4. Management practices should have the need. 5. Does not violate the meaning of the dominus rei gestae , which is expressed or can be pushed.Negotiorum gestio has two legal consequences: 1.Affirmative defense. 2. Legal debt relation occurred. These two aspects should be detailed on the details.Our negotiorum gestio rule is too rough, so we should draw on the provisions of civil law and Anglo-American law, to perfect China's negotiorum gestio, to improve its applicability.