Research On The Problem Of Inappropriate Negotiorum Gestio In Our Country

Originated from Roman law,Negotiorum gestio systemis stillused till now.but its realization social justice,harmony and assistance of the original is always the same,is a balanced "sacred private right" and "social mutual aid" typical embodiment.Discomfort negotiorum gestio concept originated from the continental law system,belongs to the real negotiorum gestio,and it has established not only to encourage people to help each other between,also beneficially to balance conflicts of interest the administrator and himself.However,our current civil law and there is no legal regulation of discomfort negotiorum gestio system.Due to the more and more disputes caused by negotiorum gestio in practice,This paper argues that under the trend of social legal consciousness constantly strengthen,the traditional concept of negotiorum gestio system in our country will not be able to meet the needs of the reality,for many problems in our country judicial cases,need to broaden the way of thinking to find a better solution.In real life,caused by the behavior of managers manage my affairs and the interests of disputes,the traditional method of negotiorum gestio cognizance and ragge.starting from the basic theory frame of negotiorum gestio system,this paper discusses the method of discomfort negotiorum gestio concept,legal characteristics,analyses the constitutive requirements of academic viewpoints and practical advice,and together with the present situation of our country's legislation and judicial practice of the status quo.it also analyzes and summarizes our country judicial case for legal negotiorum gestio cases not exist such problems as the qualitative,classification,damage will.Comparing with other related concepts,this eassay discusses the method of discomfort negotiorum gestio system has theoretical basis,for the construction of our country is not method,the feasibility and necessity of negotiorum gestio system analysis thought our country exist unwell laws negotiorum gestio system after the foundation of reality and demand growth.finally it puts forward suggestions of perfecting our country's discomfort method system of negotiorum gestio.