Inappropriate Management Responsibility Research

Negotiorum gestio system originated from Rome law, occupies an importantposition in the debt law system. Its establishment and development accord withethical and legal value orientation of human society. Negotiorum gestio system isconstructed on the basis of the altruistic behavior of things for others to manage.Continental negotiorum gestio system is divided into legitimacy and no legitimacy,and doesn’t meet the requirements of altruism, content too much into the negotiorumgestio system, resulting in the institutional system is too large. While theAnglo-American Legal System on negotiorum gestio system is conservative, let thenegotiorum gestio belongs to continental law system content on the return of law. Asour country’s present legislation situation, existing civil law system is not giveenough attention on negotiorum gestio system. Compared to the western developedcountries, the theoretical research and legislative practice on negotiorum gestiosystem lags behind. Our provisions of negotiorum gestio system are too rough. Wecan learn from the Continental Lagal System and the Anglo-American Legal Systemto perfect management system to improve the practicality and adaptability.Therefore, this article make a whole, comprehensive study on negotiorum gestiosystem through historical research and comparative method. The discussion willfocus on inappropriate management and responsibility assumption, which aims toprovide some suggestions for our country’s legislation and judicial practice, thussolve some practical problems.In this paper, in addition to the introduction and conclusion, a total of five parts:The first part research from the concept and origin of negotiorum gestio, and thentalk to the elements of negotiorum gestio, and gives the author’s own opinions ondifferent classification of scholars; the second part is about the efficiency ofnegotiorum gestio, detailed discusses its resistance the relationship between illegal and legal debt; the third part is the key and innovative part of this paper, deeplydiscuses inappropriate management and responsibility assumption of negotiorumgestio, this part can be used for reference data is not much, laws have not clearlydefined, so there are a lot of defective to study with all the teachers together; thefourth part is about the legislative of negotiorum gestio, is mainly compare from thedifferent provisions of the Continental Lagal System and the Anglo-American LegalSystem, because the Continental Lagal System study on negotiorum gestio moredeeply, so writing involves the Continental Law System more; the fifth part of thispaper is about perfecting negotiorum gestio system, starting from the presentsituation of legislation in our country, induces the deficiency of the legislation andputs forward the author’s suggestions.