Research on the System of Beneficiary Ratification of Negotiorum Gestio: Reconstruction of Interpretative Theory of Article 984 of the Civil Code

Shuwei Song

doi:10.62051/q3r0ct54

Authors

Shuwei Song

DOI:

https://doi.org/10.62051/q3r0ct54

Keywords:

Negotiorum Gestio; Beneficiary Ratification; Entrustment Stipulations; Balance of Interests.

Abstract

Article 984 of the Civil Code stipulates the beneficiary ratification system, but the terms are relatively broad, leaving a large room for interpretation. In order to give full play to the system utility of the Civil Code, realize the integration of norms before and after, and reduce the difficulty of judicial application, it is necessary to clarify the contents of the system with the theory of interpretation. There are many modes of beneficiary ratification system in comparative law and different theoretical explanations. The analysis of this Article by the interpretive theory should be based on the balance of interests between the administrator and the beneficiary, and on the basis of clarifying the nature and object of ratification, the specific application of entrustment provisions in the beneficiary ratification system should be explored.

Downloads

Download data is not yet available.

References

Article 984 of the Civil Code: "If the administrator manages the affairs with the subsequent approval of the beneficiary, the relevant provisions of the contract of delegation shall apply from the beginning of the administration of the affairs, unless the administrator indicates otherwise."

Wu Xunxiang: "On the Effectiveness of the Beneficiary's Ratifiction of negotiorum gestio: Centred on the Interpretative Theory of Article 984 of the Civil Code", Law Forum, 2023(2), p. 68.

Jin Keke: "The Interpretative Programme of the Provisions of the Civil Code on Negotiorum Gestio ", Law, 2020(8), p. 55; Yi Jun: "On the Systemic Connection between the " Negotiorum Gestio System" and the "Entrustment Contract System" in Chinese Law", Law Review, 2020(6), p. 51; Ding Mei: "The Legal Regulation of the Recognition of the Negotiorum Gestio by the Person Himself", Journal of the Dalian Academy, 2010(6), p. 67.

Understanding and Application of the Contract Series of the Civil Code of the People's Republic of China, People's Court Press, 2020 edition, p. 2796.

Article 424 of the Swiss Debt Law: "The provisions on appointments apply to the administration of affairs that are recognized by the person afterwards." Article 683 of the German Civil Code: "If the assumption of the administration of the affairs is in the interest of the person and in accordance with the person's true or imputed intention, the administrator may claim reimbursement of his expenses in the same way as an appointee. In the case of Article 679, the administrator is entitled to this claim even if the assumption of the administration of the affairs contradicts his or her intention." Article 684 of the German Civil Code: "In the absence of the conditions provided for in Article 683, the person himself is obliged to return to the administrator the benefit he has gained from the administration of the affairs in accordance with the provisions on the return of unjustified enrichment. In the event that the person himself/herself recognizes the administration of the affairs, the administrator of the affairs shall have the right to claim as provided for in Article 683." Article 178 of the "Civil Law" of Taiwan, China: "If the administration of affairs is recognized by the person himself or herself, unless the person concerned has expressed a special meaning, the provisions on appointment shall apply retroactively to the beginning of the administration of affairs."

Richard Suter, Echte und unechte Geschäftsführung ohne Auftrag nach schweizerischem Obligationenrecht, Bern 1933, S.84- 85. Cited in Wu Xunxiang: "On the Effectiveness of the Beneficiary's Ratifiction of negotiorum gestio: Centred on the Interpretative Theory of Article 984 of the Civil Code", Law Forum, 2023(2), p. 75.

Shi Shangkuan, General Theory of Debt Law, China University of Political Science and Law Press, 2000, p. 70.

Zan Qianglong, "The Determination of the Meaning of Administration in negotiorum gestio", in Jurisprudence, 2021(2), pp. 73-88; Li Yongjun, "On the Normative Space of negotiorum gestio in the Civil Code of China", China Jurisprudence, 2020(6), p. 33.

Wang Zejian, Principles of Debt Law, Peking University Press, 2013 edition, p. 334.

Article 677 of the German Civil Code: "A person who manages the affairs of another person without being entrusted or authorized to do so shall take into account his or her real or imputable wishes and manage the affairs in a way that is in his or her own interest."

Guo Yanling, "Study on the Problem of Personal Recognition in the Negotiorum Gestio of the Civil Code", in Dispute Resolution, 2023(9), p. 2841.

Huang Wei, Interpretation of the Contract Series of the Civil Code of the People's Republic of China, China Law Press 2020, pp. 1571-1573.

Understanding and Application of the Contract Series of the Civil Code of the People's Republic of China (IV), People's Court Press, 2020 edition, p. 2782.

Interpretation and Application of the Contract Series of the Civil Code of the People's Republic of China (vol. II), China Law Press, 2020 edition, p. 1563; Yang Yaotian, "The Application of illegitimate negotiorum gestio- Centering on Article 980 of the Civil Code", Law Application, 2022(8), pp. 180-181.

Interpretation and Commentary on the Chinese Civil Code: Contracts - Typical Contracts (vol. II), People's University of China Press, 2020 edition, p. 667.

Jin Keke: "The Interpretative Programme of the Provisions of the Civil Code on Negotiorum Gestio ", Law, 2020(8), p. 50-51

Jin Keke: "The Interpretative Programme of the Provisions of the Civil Code on Negotiorum Gestio ", Law, 2020(8), p. 51.

Zan Qianglong, "The Determination of the Meaning of Administration in negotiorum gestio", in Jurisprudence, 2021 (2), pp. 73-88.

Shi Shangkuan, General Theory of Debt Law, China University of Political Science and Law Press, 2000, p. 70.

Guo Yanling, "Study on the Problem of Personal Recognition in the Negotiorum Gestio of the Civil Code", Dispute Resolution, 2023(9), p. 2843.

Wang Zejian, Principles of Debt Law, Peking University Press, 2013 edition, p. 334.

Su Yongqin, Economic Rationality in Private Law Autonomy, People's University of China Press, 2004 edition, p. 63.

Yi Jun: "On the Systemic Connection between the " Negotiorum Gestio System" and the "Entrustment Contract System" in Chinese Law", Law Review, 2020(6), p. 51.

Interpretation of the Contract Series of the Civil Code of the People's Republic of China, Law Press, 2020 edition, p. 1043.

Wu Xunxiang: "On the Effectiveness of the Beneficiary's Ratifiction of negotiorum gestio: Centred on the Interpretative Theory of Article 984 of the Civil Code", Law Forum, 2023(2), p. 71.

Yi Jun: "On the Systemic Connection between the " Negotiorum Gestio System" and the "Entrustment Contract System" in Chinese Law", Law Review, 2020(6), p. 51.

Karl Larenz, Methodology of Jurisprudence, translated by Huang Jiazhen, Commercial Press 2020, pp. 431-433.

Jin Keke: "The Interpretative Programme of the Provisions of the Civil Code on Negotiorum Gestio ", Law, 2020(8), p. 57.

Yi Jun: "On the Systemic Connection between the " Negotiorum Gestio System" and the "Entrustment Contract System" in Chinese Law", Law Review, 2020(6), p. 52.

Wu Xunxiang: "On the Effectiveness of the Beneficiary's Ratifiction of negotiorum gestio: Centred on the Interpretative Theory of Article 984 of the Civil Code", Law Forum, 2023(2), p. 76-77.

Su Yongqin, Economic Rationality in Private Law Autonomy, People's University of China Press, 2004 edition, p. 60.

Zan Qianglong, "The Meaning of Person in Negotiorum Gestio," Journal of Southwest University of Political Science and Law, 2019(3), pp. 23-38.

Zan Qianglong, "The Meaning of Person in Negotiorum Gestio," Journal of Southwest University of Political Science and Law, 2019(3), p.33.

Shi Shangkuan, General Theory of Debt Law, China University of Political Science and Law Press, 2000, p. 70.

Wu Xunxiang, "The Historical Evolution and Systemic Effect of the Quasi-Contractual System in the Civil Code", Rule of Law and Social Development, 2022(1), p. 141.

Yi Jun: "On the Systemic Connection between the " Negotiorum Gestio System" and the "Entrustment Contract System" in Chinese Law", Law Review, 2020(6), p. 52.; "Entrustment Contract System" in Chinese Law"

Wang Zejian, Principles of Debt Law, Peking University Press, 2013 edition, p. 334.; Wang Yang, "The Internal and External System and Normative Presentation of Civil Code Negotiorum Gestio", Academic Monthly, No. 11, p. 111.

Zheng Yubo, amended by Chen Ronglong: General Introduction to the Debt Series of Civil Law, China University of Political Science and Law Press, 2004 edition, p. 86.

Wang Liming, General Principles of Debt Law, People's University of China Press, 2016 edition, p. 180.

Hofstettes, a. a. O., S. 192; BGE 95, Ⅱ, 1969, S. 225., Cited in Su Yongqin, Economic Rationality in Private Law Autonomy, p. 60.

Fang Xutian, Xu Bohan, "Quasi-Contracts in the Civil Code: Negotiorum Gestio and Unjust Enrichment", Sino-German Law Forum, 2021(2), p. 34.

Huang Maorong, General Principles of the Law of Debt IV: Negotiorum Gestio and Unjust Enrichment, Xiamen University Press, 2013 edition, p. 20.

Jin Keke: "The Interpretative Programme of the Provisions of the Civil Code on Negotiorum Gestio ", Law, 2020(8), p. 55.

Wu Xunxiang: "On the Effectiveness of the Beneficiary's Ratifiction of negotiorum gestio: Centred on the Interpretative Theory of Article 984 of the Civil Code", Law Forum, 2023(2), p. 71.

Zheng Yubo, amended by Chen Ronglong: General Introduction to the Debt Series of Civil Law, China University of Political Science and Law Press, 2004 edition, p. 72.

Zhao Lianhui: The Essentials of the General Theory of Debt Law, China Law Press, 2009 edition, p. 305.

Zheng Yubo, amended by Chen Ronglong: General Introduction to the Debt Series of Civil Law, China University of Political Science and Law Press, 2004 edition, p. 80.

Hong Weiwei, "Research on the Effect of Beneficiary ratification in Negotiorum Gestio," Master's Thesis, Nankai University, 2023, DOI: 10.27254/d.cnki.gnkau.2022.000149, p. 44.

Christian von Bar, Eric Clive, eds., translated by Wang Wensheng et al.: Principles, Definitions and Model Rules of European Private Law: Draft European Model Civil Code, Law Press, 2014 edition, p. 142.

Article 930 of the Civil Code: "A trustee who has suffered a loss due to a cause not attributable to him or her in the handling of the affairs entrusted to him or her may claim compensation for the loss from the trustee.".

Hong Weiwei, "Research on the Effect of Beneficiary ratification in Negotiorum Gestio," Master's Thesis, Nankai University, 2023, DOI: 10.27254/d.cnki.gnkau.2022.000149, p. 53.