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1、1Analysis for management system theoretical basis and legislative valueAbstract due to management system originated in ancient Rome, in civil law countries usually exist as a stand-alone system. Various stages of this article on the historical development, all kinds of theories about non-management
2、system set to be analyzed, designed to improperly and without a similar system to distinguish and to demonstrate its Value and subsisting reasonable. Paper Keywords no value of management theory In civil law countries, no management is one of the reasons of the debt law has an important position. Ge
3、nerally believed that no others to manage his affairs management refers to “legal obligation” behavior no management is directly the formation of a statutory debt way to each other the right to appeal the legal system and between the parties concerned, as have other statutory debt reasons, such as u
4、njust enrichment, tort same, no management must have a very strict definition of a clearly defined scope. No management system source 2No management provisions in the law appear the earliest record in Roman law the provisions of the related debt, Justinian Corpus Juris abandon the quasi-contract the
5、 concept will not be due to management and unjust 3enrichment requirements of two different bonds may occur, due to management as occur independently of the debt according to the special provisions. subsequent Although there is no detachment of the Swiss Civil Code Germany model, but in in , but wil
6、l not because of management is now established as an independent statutory debt, and no independent status in the law of obligations. No the historical evolution of the management system (A quasi-contract theory “Quasi-contract” is a concept pioneered by Roman law, the cause of the contract, tort, o
7、ther than the debt. Referring to the consent of any person based on party voluntary act or other legal facts, the actual occurrence and the conclusion of contracts of the same effect, quasi-contract on Roman law epitaxial widely in French law, define the scope of both is very vague, most of the quas
8、i contract within the meaning of behavior is part of unjust enrichment content no management behavior. 4Quasi-contract theory in todays civil law countries has rarely been used, not only because of the quasi-contract semantic range of uncertainty, but also because there will be no result of manageme
9、nt is considered a quasi-contract is neither reasonable nor fair, after all, Manager based management mean for unauthorized management behavior between the manager and I do not exist contract the parties agree to the management of the Manager intention of the contractual relationship is fundamentall
10、y different from his obligations is also not management intent for this reason, modern scholars through said no management is the statutory debt is the cause of an independent debt. (Statutory debt theory The modern theory is that no management of the debt belongs to the fact that behavior, rather t
11、han civil law behavior that is, whether the management did not mean for management, an essential element, and without managers in a clear, aimed at establishing a no rights and obligations of the management of the debt is directly due to the legal requirements, not because of the consent of the part
12、ies, 5meaning the debt completely different kinds of civil legal relations intention to implement management behavior. Both in Germany, Switzerland, Japan or China, no due to the effectiveness of the management of the debt by the statute to be clearly defined, so it would no debt management theory i
13、s based on the provisions of the law basically a foregone conclusion. Whose sole deficiencies only in that it explains why the credit and debt relations between the manager and I are defined by law, but did not clear legal provisions such claims and liabilities. Reasons For this reason, no management system explore, in turn theory-oriented new areas. (3 altruism theory This is by far the greatest impact, due to management theories widely accepted without Germany and France, some schol
