Research On Type-free Management

The law of benevolent intervention in another's affairs(or negotiorum gestio)in the second review of the Draft Civil Code Contract volume is stipulated in the third part Quasi-contracr.This paper analyzes the loss of the current law in the classification of negotiorum gestio,and the exploration in the judicial practice.The draft absorbs theoretical views and practical experience,and refines the constituent elements and legal effects of various types of negotiorum gestio.The provisions of this Chapter eliminate the conflict between benevolent intervention in another's affairs and brave act of righteousness on the current civil law and connect them.They also provide a basis for judicial decisions.But the rules' system position of unlawful negotiorum gestio is worth discussing.The intervener's behavior can simultaneously enhance both the subjective and objective interests of the principal which is called lawful negotiorum gestio.There are two modes for the legal effect of the unlawful negotiorum gestio in comparative theory and legislation.The draft chose the German model to treat unlawful negotiorum gestio as wrongful act and similar to torts.By comparison,this paper suggests that the Swiss model is more suitable for the Civil Code of China.