Reconsideration of Negotirum Gestio - A categorical consideration on liability of Negotirum Gestor-

Research Project

Project/Area Number	24530098
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Multi-year Fund
Section	一般
Research Field	Civil law
Research Institution	Tokai University
Principal Investigator	SHIOHARA Mariko 東海大学, 法学部, 准教授 (30326003)
Project Period (FY)	2012-04-01 – 2015-03-31
Project Status	Completed (Fiscal Year 2014)
Budget Amount *help	¥2,210,000 (Direct Cost: ¥1,700,000、Indirect Cost: ¥510,000) Fiscal Year 2014: ¥390,000 (Direct Cost: ¥300,000、Indirect Cost: ¥90,000) Fiscal Year 2013: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2012: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Keywords	事務管理 / 事務管理者の報酬請求権 / 事務管理の主観的要件 / 無償行為者の責任
Outline of Final Research Achievements	I studied the following issues with reference to German law.(1) If a person undertakes the activity belonging to his profession as benevolent intervention and causes another damage, whether the article which reduces liability is applicable to him ? (2) Whether a professional person have a right to remuneration ? The results are (1) in so far as he could not decide autonomously to intervene, liability is reduced regardless of a right to remuneration,(2)it is difficult to justify remuneration,in so far as another could not recognize that he is demanded it.

Report

(4 results)