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At present, the population of the whole world is becoming more and more dense, and the large population has caused more or less contact between people, which is sometimes inevitable. When you voluntarily provide management or help to others in order not to harm their interests, what are the constitutive elements of negotiorum gestio? The following small series will give you a detailed answer.
First, the concept of negotiorum gestio.
1. Negotiorum gestio refers to the act of voluntarily managing other people's affairs or providing services to others in order to avoid the loss of others' interests without legal or agreed obligations. People who manage other people's affairs are managers;
The person whose affairs are managed is himself. After the debt of negotiorum gestio occurs, the administrator has the creditor's right to ask me to repay the necessary expenses arising from the management affairs, and I have the debt to repay the expenses.
3. Negotiorum gestio is a legal fact and one of the foundations of debt. The debt caused by negotiorum gestio is based on the law, not the will of the parties.
Second, the elements of negotiorum gestio
There are three elements of negotiorum gestio: managing affairs for others; There is a meaning of seeking benefits for others; There is no legal or agreed obligation.
1, managing affairs for others
To take care of other people's affairs is to take care of others or serve others. The business of negotiorum gestio can involve property or non-property, but it should be the object of debt. The following matters cannot be the object of negotiorum gestio: illegal matters, such as paying off gambling debts on behalf of others; Pure moral affairs that cannot be related to debt, such as receiving guests on behalf of friends; Matters that must be handled by me or authorized by law, such as marriage registration.
A managed transaction must be someone else's transaction. If you mistake your own business for someone else's business, even if the purpose is to avoid others suffering losses, it cannot constitute negotiorum gestio.
2. It means to seek benefits for others.
The meaning of seeking benefits for others, referred to as management meaning, is the subjective element of negotiorum gestio. The meaning of seeking benefits for others, its typical form is the meaning of seeking benefits for oneself. But it also allows managers to pursue their own interests and conduct management or service behavior for their own interests.
3. There is no legal or agreed obligation.
The so-called "negotiorum gestio" in negotiorum gestio means "there is no legal or agreed obligation". The absence of statutory or agreed obligations is an important condition for the establishment of negotiorum gestio. To measure whether the manager has an obligation that cannot be fixed or agreed, it should be determined by objective standards, not by the subjective understanding of the manager. If there is an obligation and the manager thinks there is no obligation, its management affairs cannot constitute negotiorum gestio; If there is no obligation, the manager mistakenly thinks that there is an obligation, and its management affairs still constitute negotiorum gestio.
To sum up, what are the constituent elements of negotiorum gestio? One of the conditions for determining negotiorum gestio is to determine whether others have an obligation. This judgment is based on an objective and fair position, not on anyone's subjective consciousness. If there is no management in life, you can't judge, you can log in. There are professional lawyers here to solve your problems in detail.
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