What are the popular examples of causeless management

Popular examples of causeless management:

1. Wang contracted the fish pond in the village, and after careful breeding and operation, the harvest was promising. Just when a large number of fish were about to be marketed in the pond, Wang unfortunately drowned, and his two sons were working in other places and could not take care of the fish pond. Wang's friend Li took the initiative to take care of the fish pond, and organized personnel to fish the fish and sell it for sale, earning 40,000 yuan.

Among them, 10,000 yuan should be handed over to the village, and Li organized personnel to salvage and sell fish for labor fees and other necessary expenses totaling 2,000 yuan. Now Li asks Wang's heirs to pay 2,000 yuan and asks for the remaining 2 to be divided equally$80,000.

Li's behavior is management without cause.

In this case, when Wang's fish pond was left unattended after his death, Li took the initiative to manage it for the benefit of Wang, which should be found to be management without cause. Li's request to pay 2,000 yuan should be supported, and the request to divide the balance of 10,000 yuan equally is not supported. The 2,000 yuan fee is the necessary expenses paid by Li for organizing the salvage and sale of fish, which should be reimbursed.

Li's request for an equal share of the balance of 10,000 yuan was not supported.

2. Zhang has something to go out, and a typhoon is coming. Neighbor Li was worried that Zhang's house in disrepair would be blown down by the wind and cause trouble to his family, so he hired someone to support Zhang's house with a few pieces of wood, but Zhang's house was still defeated by the typhoon, and several chickens raised by Li were crushed when it collapsed. Li's conduct constituted management without cause.

3. Liu contracted a watermelon orchard and died suddenly during the harvest season. Because his friend Diao couldn't contact Liu's family, he took the initiative to handle Liu's funeral and take care of the watermelon garden, and sold the watermelon, benefiting 50,000 yuan.

Among them, it costs 10,000 yuan to handle the funeral, 5,000 yuan for picking and selling watermelons, and other necessary expenses. Diao believes that he deserves 5,000 yuan in labor fees. Regarding Diao's behavior, Liu's family should be paid 10,000 yuan.

Causeless management refers to the act of voluntarily managing the affairs of others or providing services to others in order to avoid the loss of the interests of others without statutory or contractual obligations. The person who manages the affairs of others is the manager; The person whose transaction is managed is the beneficiary. After the occurrence of no-cause management, there is a creditor-debtor relationship between the administrator and the beneficiary, which is the debt of no-cause management.

The main element of this is that the administrator has a claim for reimbursement of the necessary expenses incurred by the beneficiary in connection with the management of the affairs, and the beneficiary has a debt to repay such expenses.

It is a legal fact that management without cause can cause the occurrence of debts. The creation of this kind of creditor's rights and debts relationship is based on the provisions of the law, rather than the agreement of the parties, so there is no cause to manage non-civil legal acts.

Causeless management"Refers to a method of managing a problem without a specific problem or the initial cause of the problem. Here are two examples of causeless management:

1.In the workplace, sometimes conflicts between employees can be caused by personal biases or personality traits. However, if you need to address this issue, you can train your employees or make improvements in terms of communication or team atmosphere, rather than targeting them specifically.

2.The causeless management of health is another example. When a patient has symptoms, but the doctor fails to find a clear cause of the disease, the doctor may try to alleviate the patient's symptoms by diagnosing and lacking the disease to improve their quality of life.

In this case, the doctor will consider the symptoms and the appropriate way, and do not have to focus too much on the root cause to achieve an effective effect.

Legal Analysis:1Causeless management is the act of managing other people's personnel and affairs.

2.Causeless management must be for the benefit of others.

3.The administrator has no legal obligation to manage the affairs of others.

Legal basis: "Interpretation of the Supreme People's Court on Several Questions on the Application of Law in the Trial of Personal Injury Compensation Cases" Article 15: Where a person suffers personal injury to himself in order to protect the lawful rights and interests of the state, the collective, or others, and because there is no infringer, the infringer cannot be determined, or the infringer has no ability to compensate, the people's court shall support the compensation rights holder's request that the beneficiary make appropriate compensation within the scope of benefits.

Causeless management refers to the act of managing affairs for others without statutory or contractual obligations, in order to avoid losses to the interests of others. The legal system of causeless management is a moral requirement of social mutual assistance, and the legality of causeless management is confirmed in order to block the illegality of management behavior and embody the legal spirit of fairness and justice. Management without cause is a de facto act in nature.

There are two types of causeless management: true causeless management and non-true causeless management, true causeless management includes lawless management without cause and lawless management, and non-true causeless management includes mistrust management, illegal management and fantasy management, and different types of causeless management have different constituent elements and different legal effects.

According to the characteristics of causeless management, it is summarized that causeless management has the following three legal characteristics:

1. Causeless management is the act of managing the affairs of others, and causeless management requires that the manager must manage certain affairs for the managed. However, regardless of whether the manager preserves, improves, utilizes, or otherwise disposes of the property of the person under management.

2. Causeless management must be for the benefit of others, and the manager must have the purpose of seeking benefits for others. From the point of view of its motives, the management of the manager is based on the service of the interests of others; From the perspective of its effect, the benefits obtained by the management act are ultimately enjoyed by the person being managed.

3. The manager has no legal obligation to manage the affairs of others.

Extended Material: Legal Consequences of Causeless Management:

1. Although there is no legal basis for the management of the manager's management behavior without cause, the behavior prevents illegality.

2. Forming a debt without cause, 1) The manager under management has the right to claim for expense repayment.

2) The payment obligation of the manager. When conducting no-cause management, the manager shall follow the duty of care, implement appropriate management behavior, and have the obligation to notify the managed person in a timely manner.

Legal basis: Article 121 of the Civil Code of the People's Republic of China: management without cause.

A person who does not have a statutory or contractual obligation to manage in order to avoid the loss of the interests of others has the right to request the beneficiary to reimburse the necessary expenses incurred thereby.