无因管理与不当得利学习笔记（Learning notes without cause management and unjust enrichment）.docVIP

无因管理与不当得利学习笔记（Learning notes without cause management and unjust enrichment）Management without reason and unjust enrichmentI. management without cause (ninety-third articles of the general principles of the civil law) and 132nd articles on the opinions of the people(1) the constitutive requirements of debt without cause management1. manage others affairs. Business refers to all matters that can meet the interests of life and are suitable for the object of debt. However, the following matters do not constitute cause free management. (a) others must be specific when they understand others. (b) can be either a specific person or a certain number of people. (c) there is no need for a manager to know exactly who he is. Even if he knows the mistake of himself, the manager will not hinder the establishment of the voluntary management of the real person. Third, the so-called management refers to the processing of transactions, the realization of the behavior of transaction content. It includes management behavior and punishment behavior.2. has management meaning. Refers to the manager knows that he manages others affairs, and wants to make the management firms interests to me, that is, through their own management behavior to increase their interests or avoid the loss of subjective meaning. There are two points to be noted: (1) the administrator should manage others affairs for his own interests while he has the meaning of managing others. (2) the normative purpose of the cause free management system focuses on the management itself, whether the management goal is achieved, and does not affect the establishment of the management without cause.3. managers can not determine obligations or contractual obligations. Whether it has obligations or not, and finds out the objective standards. The administrator has the obligation to manage, and assumes that there is no obligation and does not establish the management without cause; the manager has no obligation, but he has no faith i