This chapter is an excursus on negotiorum gestio. In the Civil Code, the negotiorum gestio immediately follows the mandate. The main difference between mandatum and negotiorum gestio is that mandatum is a contract, while the latter is an ex lege obligation. The legal bond of obligation between the Gestor and the client is not based on an agreement, but results from the circumstance of the negotiorum gestio. For example, if you travel abroad, a typhoon hits your hometown and the roof of your house is in danger. To avoid the catastrophic situation, your neighbor does something urgent. You are the “customer” and your neighbor here is the “door” whose act of saving your home is the negotiorum gestio. The most striking examples were, on the one hand, the negotiorum gestio, which allowed someone who intervened without authorization in the affairs of others to claim reimbursement and compensation, and on the other hand, the group of cases in which an action (condictio) for the recovery of what would otherwise have been necessary. Negotiorum gestio is not recognized at common law, despite some English rescue cases as well as some equity cases in which directors were sometimes remunerated for services rendered voluntarily. [2] Nevertheless, the term is known in English legal theory as “necessary intervention”. Etymology: From the Latin negotior – atus to carry on business + gestio – onis to manage.
Our editors will review what you have submitted and decide if the article needs to be revised. The principal or dominus negotii (or rarely dominus negotiorum dominus rei gestae) is obliged to compensate the gestot for expenses and debts incurred. If the client does not do so, there is unjust enrichment and the Gestor is then entitled to an action for restitution. In Napoleon`s civil jurisdictions, including Louisiana, the action took the form of actio de in rem verso. In South Africa, on the other hand, there are several restitution actions for negotiorum gestio, namely: Negotiorum gestio ([nəˌgō.shē-ˈȯr-əm-ˈgestēˌō], Latin for “business management”) is a form of spontaneous voluntary representation in which an intermediary or intruder, the Gestor, acts on behalf and for the benefit of a client (dominus negotii), but without his prior consent. The gestor is only entitled to reimbursement of expenses and not to remuneration, on the basis that negotiorum gestio is conceived as an act of generosity and friendship and does not allow the gestor to profit from its interference. This form of intervention is classified as quasi-contractual and is found in civil courts and mixed systems (e.g. Louisiana, Scotland, South Africa and the Philippines). “Negotiorum gestio.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/negotiorum%20gestio. Retrieved 17 October 2022. Negotiorum gestio is a form of spontaneous representation in which an agent, the Gestor, acts on behalf and for the benefit of a client, but without the latter`s consent.
The Gestor is only entitled to reimbursement of expenses and not to remuneration, on the basis that the negiorum gestio is conceived as an act of generosity and friendship and must not allow the Gestor to take advantage of its agency. This form of agency is found in civil law countries as well as in Scots law and South African law, two mixed legal systems. For example, if you travel abroad, a typhoon hits your hometown and the roof of your house is in danger. To avoid the catastrophic situation, your neighbor does something urgent. You are the “customer” and your neighbor here is the “door” whose act of saving your home is the “negotiorum gesto”. It was originally a Roman legal institution in which one person acted on behalf of another, without his request and without remuneration. For example, he was considered part of the office to advocate on behalf of a friend or neighbour while the friend or neighbour was away. The principal, or dominus, full dominus negotiorum dominus rei gestae, is obliged to compensate the Gestor for expenses and debts incurred. Access to content on Oxford Academic is often made possible through subscriptions and institutional purchases.
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