| The contrary claim of negotiorum gestio utilis can be regarded as the academic general term of Article 980 of the Chinese Civil Code. The scope of application of Article 980 of the Civil Code includes unreal negotiorum gestio, unjustified negotiorum gestio and beneficial negotiorum gestio. The spillover effect of the act of improving or disposing of one’s own property and the beneficial effects of publicity or government actions should be excluded from the expanded boundaries of negotiorum gestio . To determine whether a contrary claim of negotiorum gestio utilis is valid, we must evaluate in turn whether the benefits to the principal by the management behavior are transferable, whether the principal constitutes free acceptance, whether the benefits are subjectively valuable to the principal, whether the management is necessary for the principal and what is the cognitive state of the manager for the unjustification or defect of rights in the management behavior. When the benefits are of no value to the principal, or when the manager knows that there is some unjustification or defect of rights in the management behavior but still implements the management which incurs beneficial expenses, the manager’s claim for value restitution under Article 980 should be excluded unless freely accepted by the principal. When the manager, due to negligence, is unaware of the unjustification or defect of rights in the management behavior, the liability of the principal to restitute the beneficial expenses arising from the management should be reduced according to the degree of negligence of the manager. If the principal bears the liability for the beneficial expenses, he should make appropriate restitution within the scope of his economic capacity. |
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