On The Negotiorum Gestio

The system of negotiorum gestio is an important legal system which isestablished and developed adheres to human society’s moral and legal value. And thisis also the heritage of the spirit of China with a history as long as five thousand years.This kind behavior is common in daily life, when a person cannot effectively controltheir own property they need someone to help them to reduce losses and out of theproblem. Derived from Roman law, the system of negotiorum gestioe has beengradually confirmed by most countries of the common law system.Although only a hundred or more words in Chinese civil law to describe, theregulation is quite clear. However, with the rapid development of economy, alongwith the progress of the concept, the determination of the negotiorum gestio systemcannot adapt to the development of China. Especially in a common law country,where law is the backbone of supporting rules, it is not enough for our country relayon only two provisions to support such an important system. As there are so manyblank pieces of legislation related to this system, many scholars debate in every aspect.The same problem also exists in the judicial practice. All these defects above arerequiring lawmakers to reconvene to give detailed answers.This paper will through analyzing the defects and limitations in the currentnegotiorum gestio system, and carries on the discussion and puts forward legislativesuggestions. The full text is divided into four parts. The first part will introduce theorigin background and the significance of the system. In the Second part, a wholeanalysis of foreign negotiorum gestio system will be done, and through thecomparison of continental law system and Anglo-American law legislation, athorough understanding of the negotiorum gestio system will be got and that is helpfulto perfect the system of our country. The third part will give a comprehensive analysis of the defects of the system of negotiorum gestio in China. In the last part, thesuggestions of the present negotiorum gestio system will be given by the author,combined with China’s specific national conditions and social ideas and the matureforeign references system. Including enlarge of the necessary fees, the distribution ofthe damages of negotiorum gestio, the damages compensation, etc.