事務管理에 關한 考察

A Study of Management of Affairs without Mandate

Where as sub-section 1, Section 743 of the civil law has been regulated that managing one of business for another person without duty must manage follow the nature of the business and most beneficial method to the principal. The charge of business generally is an illegal act, but it has been admitted a legal act in order to actualize an ideal of social solidarity or mutual aid. But according to the existing civil law, the ideal of social solidarity or mutual aid greatly impossible of realization. Because, the charge of business is the same as the charge in view of business management of another person. Nevertheless, in regard to the charge has been admitted a claim for remuneration but in regard to the charge of business has not been admitted. Moreover, as to manager has been charge a severe liability claim to nonenegligence-ability and the goodness-notice-duty of the charge. In consequence, both system has not been equilibrium. Therefore, for the purpose of actualizing an ideal of social solidarity or mutual aid, as to manager, on the one hand must has been awarded a claim for remuneration, on the other hand chrged on commencement duty of the charge of business.