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On gestio debt

Author: ZuoYang From: www.yourpaper.net Posted: 2007-11-19 14:41:25 Read:
Abstracts
Under normal circumstances, the management of others things must have a legal basis for, or commissioned by others or statutory obligations, otherwise there may be an infringement, however, no management is one exception. No, means there is no statutory obligation or contractually obligated to avoid others' interests by loss management or service management as a debt a legal fact. Manage others things management means no management established prerequisite; managers subjectively to be promising the interests of others, that is a subjective motive to seek benefits for others, this is no subjective element management established; legal obligation for others to manage things, it is no management established the first condition.
Without management after the establishment of the creditor-debtor relationship between managers and is no management of the debt. Due to the occurrence of the management of the debt without management is no basis, no debt management is no management of the legal consequences. The manager of the obligations of the Manager, I have my obligations. If you do not perform or improper performance of its obligations, the damage caused to the other party, should the other party to bear the debt does not fulfill the responsibility.
We should give no managers to social honor, included no management system to be the national laws on the protection, the establishment of a set of social insurance, social compensation, and social relief system, given no management of the old legal system with new meaning and value.
Keywords: no management, no because of the debt management, managers, beneficiaries, legal obligations, contractual obligations, the obligations of the Manager, I obligations
Under normal circumstances, the management of others things must have a legal basis for, or commissioned by others or statutory obligations, otherwise there may be an infringement, however, no management is one exception. 93 of the General Principles of the Civil Law of the People's Republic of China "no's management made a clearly defined:" There is no statutory or contractually obligated to management or services to avoid the loss of the interests of others, the right to claim from the beneficiary which expenses necessary "; Supreme People's Court about the implementation of the Opinions on Several Issues of the General Principles of the Civil Law of the People's Republic of China (Trial)" Section 132 provides: "The provisions of Article 93 of the General Principles of Civil managers or service can require beneficiaries to pay the necessary costs, including direct costs incurred in the management or service activities, as well as the activities are the actual loss. ";" Supreme People's views on the implementation of the General Principles of the Civil Law of the People's Republic of China] ( Trial) Section 142 provides that: "to safeguard national, collective or the legitimate rights and interests of others that you can damage, unable to compensate for the infringe or do not infringe case, if the victim requests, the people's court according to the beneficiary benefit and how much from the state of the economy, and ordered that the beneficiaries give appropriate economic compensation.
Modern civil law system, gestio occur according to one of the debt for the civil law, the legal system has a long history has been closely with the social and moral contact with, at the same time, no reflected due to the scope of application of the management system and the degree of realization emotional level of civilization of human society. Associated with the development of social civilization, social civilization higher the more noble sentiments people no bound to the more frequent occurrence of management behavior. A variety of reasons, this legal system in China's use of the range and degree of realization is not satisfactory, which I would like to initiate want to be able to attract more people's attention and attention.
No management concept and nature
No, means there is no statutory obligation or contractually obligated to avoid others' interests by loss management or service management as a debt a legal fact. The parties called the manager of the parties by the the things management or service management services called himself or herself or beneficiary. In Roman times, no management is included in the quasi-contract, the German German Civil Code 1896 gestio as the debt occur independently in accordance with the special provisions, after the laws of many countries as a complete separate debt, as a kind of debt under
As the debt occurred according to the legal facts, no management is a legal fact that behavior. Its nature:
1, no management will related, does not belong to the event, but it belongs to behavior.
Because no management of the administrator is not the occurrence of certain civil legal consequences for the purpose of real
Facilities management behavior, not the behavior expressed as the mean factor. Therefore, no management does not belong to the mean behavior or ideographic behavior, but it belongs to the fact that behavior.
3, no management is a legitimate form of behavior. The fact that behavior legal and illegal, no tube
The rationale is a legal fact that behavior.
Reflects no difference between management and unjust enrichment-free due to the nature of management: no behavior management is part of the legal facts, managers will content meaningful, whether promising management means the interests of others is the ability to set up no due to the management of the important conditions; rather than when event enrichment is a legal facts, regardless of the will of the parties content, will not affect the establishment of unjust enrichment.
No difference between management contract reflects no because of the nature of management: no management is the fact that the behavior of the unilateral facts, not to mean that as a factor; contract ideographic behavior, that is, to mean that for the elements, must be parties the consistent intention to set up, and the parties should have the appropriate capacity for civil conduct.
No management and tort distinction reflects the nature of no management 3: No management is a legitimate
The fact that behavior tort belong to the lawless behavior of the facts; gestio negates the illegality, and tort illegality. Although the two acts have played on without reason, but no management from a subjective point of view stems from good intentions to seek benefits for others, and actively implement the behavior of the management of the affairs of others; Judging from the results, without benefit management gestio benefits, in order to avoid the loss of their property or who may, that the behavior of managers is ultimately the beneficiary express or available infer meaning.
Thus, we can conclude without the basic characteristics of the management:
1, no management is one of the causes of the debt;
2, no management is the social performance of the public order and good morals, a courageous behavior, legal recognition
And protection of such behavior;
3, no management in the interests of all requirements or the parties have agreed or the law of the case
Occurred;
4, if the managers or service does not give up the reimbursement of necessary expenses in the management or service activities
Requirements, the beneficiaries should be settled.
Second, no constituent elements of the management
Must have the following three conditions without management constitute
1, the management of the affairs of others
Management affairs of others is no management of the prerequisites for the establishment, there is no management of the affairs of others and manage
Their own affairs is not due to management. Management affairs of others, including both management behavior of others things, to save others financial, utilization, improved tube collar, sanctions, etc.; others to provide services, such as providing labor services for others help. Manager to manage the transaction, including all matters related to the interests of the people's lives, property or non-property nature. Manage content may be the fact that behavior, legal acts, legal acts, the Manager may in its own name, but also to my name.
Gestio creditor-debtor relationship managers and the earth, so that can not be sent between the parties
Management of the raw credit and debt matters not constitute gestio. Management of the following things generally do not occur without management:
(1) unlawful or contrary to public morality behavior;
(2) is not sufficient of the legal consequences of the civil purely moral, religious, or other general
Nature of living things;
(3) a simple omission behavior;
(4) in accordance with the law must be by himself, or subject to the approval of the I authorize to implement behavior.
2, promising the interests of others and manage meaning
Manager subjective to be promising the interests of others and management mean that subjective seek benefits for others
Motivation. This is no subjective element management established, but also negates the fundamental illegality gestio is case basis without management with violations. Manager whether's interests should be manager of the burden of proof by others, and managers should own subjective desire, the nature of things, the need for management and management of the consequences of the aspects to prove their own management to seek benefits for others. Without the establishment of management to managers and promising others the benefit of the purpose for the elements, but this does not require the managers to the interests of others must be promising expressly, nor does it require that managers have designed purpose to seek benefits for others, as long as manager of the management objective is indeed to avoid the loss of the interests of others or brought benefits for others, even if the Manager has not yet made it clear that its purpose is to be managed for the benefit of another, but they are not simply manage things for their own interests "self-serving" behavior can constitute no management. Managers subjectively at the same time both for the purpose of others there for their own motives, objective also benefit, you can still set up gestio.
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