题目

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36． No requirement of pre-existing legal relationship
Since it is one purpose of the law of benevolent intervention in another’s affairs to provide an incentive towards socially desirable intervention,there is no call for setting down strict standards to be satisfied when posing the question why this particular intervener undertook the measure．It is not necessary that the intervener and the principal should stand in a particular close pre-existing legal or personal relationship to one another．In fact,if the latter is the case,there will often be cause for Article 3：104(1) to come into play．Equally conceivable are cases in which a reasonable ground for intervention is excluded from the outset because in the circumstances there was no reasonable solution for the difficulty which the intervener sought to eradicate．In that case one is concerned not with a mere defective mode of conducting the intervention,but with the absence of reasonable ground for the interven

提问时间：2021-01-02

答案

36． No requirement of pre-existing legal relationship
Since it is one purpose of the law of benevolent intervention in another’s affairs to provide an incentive towards socially desirable intervention,there is no call for setting down strict standards to be satisfied when posing the question why this particular intervener undertook the measure．It is not necessary that the intervener and the principal should stand in a particular close pre-existing legal or personal relationship to one another．In fact,if the latter is the case,there will often be cause for Article 3：104(1) to come into play．Equally conceivable are cases in which a reasonable ground for intervention is excluded from the outset because in the circumstances there was no reasonable solution for the difficulty which the intervener sought to eradicate．In that case one is concerned not with a mere defective mode of conducting the intervention,but with the absence of reasonable ground for the intervention．The distinction between the two will depend on whether a reasonable person would have considered that there was cause for intervention of the sort undertaken by the intervener.
36．没规定要求业已存在的法律关系
既然针对仁慈干预他人事务的法律目的是为了给予合乎社会需求的干预提供动机,这就没有必要对该干预者的行为理由制定严格的标准.干预者和事主不需要有业已存在亲密的法律或个人关系.事实上,如果情况涉及后者,通常第三款104（1）节就可以发挥作用.同样可以想象到的事例是,从一开始就没有正当的理由去干预,因为对当时特定的困难情况,干预者根本就没有适当的解决办法.两者之间的区别有赖于一个理智的人是否会认为这种干预是合乎理由的.
Illustration 27
A stranger in an unfamiliar town sees a window in a building blown in by a strong wind．He has no reasonable ground for intervening：he should take into account in particular the fact that the owner of the dwelling will not want to have a complete stranger enter his home and destroy his door just because such a comparatively minor problem has arisen．
实例 27
一位陌生者在一个不熟悉的城市看见一楼房的窗户被强风刮开了.他没有理由去干预；他应该考虑到,特别是这事实：房子的主人不会要一个陌生人进入他的家,并将门毁坏就为了这样相对微小的问题.
Illustration 28
A fire breaks out in a chemical factory．If a private individual notifies the fire service he acts with reasonable grounds．If,on the other hand,he attempts to extinguish the fire himself after the fire brigade has arrived on the scene,he does not act with reasonable grounds．If he makes an attempt to extinguish the fire before the fire service arrives．it will depend on the circumstances of the case whether there were reasonable grounds．If an enormous blaze has already developed it would be perfectly senseless for a private individual to make any attempt to extinguish the fire．Were the fire to be a small one,however,it could possibly be sensible to tackle it oneself．
实例 28
一家化工厂着火了.如果某个人通知消防局,这是充分合理的行动.另一方面,如果消防队已到达现场,他还企图自己去灭火,他的行动就没有理由.如果消防队尚未到达现场,他企图自己去灭火,这将根据当时的情况决定行动是否合理.如果已形成熊熊大火,还想靠个人力量去灭火,那是十足愚蠢的行为.不过,如果火势很小,也许由个人去处理是合理的.