5 Negotiorum gestio as a defence within the framework of the

5 Negotiorum gestio as a defence within the framework of the law of tort.Justified benevolent intervention in advancement of another’s interests constitutes a ground of defence in respect of an extra-contractual liability in damages which would otherwise be imposed.That is expressly set out in PEL Liab．Dam．Article 5：202(2)． ’
Illustration 3
As a result of a traffic accident P is rendered unconscious and locked in in his car． G smashes a car window in order to be able to unlock the door from the inside and pull P out of the car．G is not liable to P under the law of tort for che damage
caused to the car．
6 Burden of proof These Principles regard rules on burden of proof as belonging to substantive law．Rules on burden of proof are applicable when it is not possible to clearly establish the circumstances of the case．Within the law of negotiorum gestio the general principle applies whereby each party must make out the circumstances favourable to its case and in case of dispute prove them．When a given party is not able to do that,the decision in the case must be adverse to them．
Illustration 4
The facts are the same as in illustration 3,save that in smashing in the window G is injured.Both parties claim compensation—P in tort 1aw on account of property damage and G in negotiorum gestio under Article 3：103 on account of the personal injury suffered in acting as intervener．If it is disputed and cannot be established whether G really acted for the purpose of rescuing P,then P’s claim to compensation will succeed,while G’s claim will fail．
7.Proof By contrast,all questions which are related to the problem whether a given fact is to be regarded as proven are part of the law of procedure．They are therefore not
the subject matter of these Principles．
Illustration 5
The facts are again the same as in illustration 3．However,P later maintains that G smashed the window only for opportunistic reasons．Meaning to steal the camera lying on the passenger seat of P’s car．procedural law determines under what conditions and to what extent G’s case is supported by presumptions triggered by a prima facie case． The same goes for the question as to what concrete circumstances place upon P an onus of introducing evidence to rebut a prima facie case．
请不要发在线翻译的东西，那个我也会。

已发至邮箱 请注意查收 其实在翻的时候我也学到了蛮多东西的讲~