Applicable, Due To The Constituent Elements Of The Management, Effectiveness And Courageous

It is well known that Negotiorum gestio, based on managing affairs for the Beneficiary with no legal duties, is divided into Legal Negotiorum gestio and Illegal Negotiorum gestio according to whether the management benefits the Beneficiary and coheres with his expressed or inferable wills. Then legal validities of the two types of Negotiorum gestio are separately discussed. In my opinion, since managing affairs for the Beneficiary with no legal duties cannot cause his acts lawful,"the management benefiting the Beneficiary and cohering with his expressed or inferable wills"should clearly be one of the Constitutive elements of Negotiorum gestio. Moreover, because Illegal Negotiorum gestio has different legal validities contrary to Legal Negotiorum gestio, it should not be discussed in"Constitutive elements and Legal validities of Negotiorum gestio".This thesis is composed of Preface, Text and Conclusions. The Text includes three chapters:ChapterⅠdiscusses Function of Negotiorum gestio, pointing out that Negotiorum gestio is a system of Schuldverhaeltnisse with unique function and important significance and cannot be substituted for by other systems of Schuldverhaeltnisse.ChapterⅡis Constitutive elements and Legal validities of Negotiorum gestio, mainly discussing that traditional theory should be re-explained and adjusted, thus Negotiorum gestio has a new constitutive element and Illegal Negotiorum gestio is deleted from the theory on Constitutive elements and Legal validities of Negotiorum gestio.ChapterⅢis about"Being ready to help others for a just cause". Theoretically speaking, Negotiorum gestio is applicalbe to"Being ready to help others for a just cause", but actually it is impossible according to the existent laws. The text analyses the causal factors and points out the approach to the problem.