NEWS
On December 6,2020, Zhang Ya, a trainee lawyer at Henan Changhao Law Firm, shared her views on the regulation of "no-cause management" in the Civil Code. The legal changes of non-cause management from the General Principles of the Civil Law of the People's Republic of China and the general provisions of the Civil Law to the Civil Code, which not only has relevant provisions in the general provisions, but also in the quasi-contracts in the third part of the contract, causa management will be drafted into a contract. According to the relevant provisions of articles one hundred and twenty-one and nine hundred and seventy-nine of the Civil Code, the constituent elements of non-cause management are as follows: 1. The manager is in charge of other people's affairs. 2. The intention of the administrator to manage for others, in practice, not only for others to manage affairs, but also for their own management of affairs, does not hinder the establishment of no-account management. 3. In Law, the manager has no management obligations, that is, no statutory or agreed obligations, if there are corresponding responsibilities or obligations, it can not constitute gratuitous management. 4. Generally speaking, management needs to be objectively beneficial, that is, to avoid the loss of other people's interests, at the same time, not against the beneficiaries. The legal effect of management without cause. Legitimate Administration without cause, from the point of view of the administrator, according to articles nine hundred and eighty-two and nine hundred and eighty of the civil code, the administrator has the obligation of notification, management, reporting and transferring property, and according to Article Nine hundred and eighty-one of the Civil Code, once the administrator begins to administer, the manner of administration is also important. On the one hand, the administrator needs to administer in favour of the beneficiary, on the other hand, if the interruption of administrative affairs is disadvantageous to the beneficiary, the administrator may not interrupt the administrative act without justifiable reasons. From the beneficiary's point of view, according to Article Nine hundred and seventy-nine of the Civil Code, the beneficiary is required to pay the administrator the necessary expenses, to properly compensate the administrator for the losses actually incurred and to discharge the debts incurred. 2. Under Article Nine hundred and eighty of the Civil Code, in the event of improper administration without cause, the beneficiary claims the administrative benefit and is required to reimburse the necessary expenses if the beneficiary does not claim the administrative benefit, can Be based on tort liability and unjust enrichment. 3. The management without cause is transformed into a contract relationship of entrustment. After the management by the manager, the beneficiary approves the management behavior of the manager after the fact, and changes from no cause to a cause, and actually forms a contract relationship, article Nine hundred and Eighty-four of the Civil Code makes it clear that in such a case, the administrator, starting from the administration, applies the relevant provisions of the entrustment contract in order to safeguard the interests of both the administrator and the beneficiary. The management dispute without cause is simple in law, but there will be a lot of disputes in practice, so it must be judged by comprehensive evaluation.