Negotiorum gestio
Encyclopedia
Negotiorum gestio or agency without specific authorisation under the German Civil Code, undertaking formed without agreement under the French Civil Code or management of business of another under the Japanese Civil Code, is a form of spontaneous agency
in which an agent, the gestor, acts on behalf and for the benefit of a principal
, but without his or her consent. The gestor is only entitled to reimbursement for expenses and not to remuneration, the underlying principle being that negotiorum gestio is intended as an act of generosity and friendship and not to allow the gestor to profit from his agency. This form of agency is found in civil law
countries and in Scots law
and South African law, both of which are mixed legal systems.
For example, while you are traveling abroad, a typhoon hits your home town and the roofing of your house is in danger. To avoid the catastrophic situation, your neighbor does something urgently necessary. You are the 'principal' and your neighbor here is the 'gestor", the act of which saved your house is the 'negotiorum gestio.'
It originated as a Roman legal institution in which an individual acted on behalf of another, without his asking and without remuneration
. It was considered a part of officium (duty
), for instance, to defend a friend's or neighbour's interests while the friend or neighbor was away.
The principal, or dominus, more fully dominus negotiorum dominus rei gestae, is bound to indemnify the gestor for the expenses and liabilities incurred.
Negotiorum gestio could be compared with a quasi-contract
in Common Law system.
Agency (law)
The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another to create a legal relationship with a third party...
in which an agent, the gestor, acts on behalf and for the benefit of a principal
Principal (law)
In commercial law, a principal is a person, legal or natural, who authorizes an agent to act to create one or more legal relationships with a third party...
, but without his or her consent. The gestor is only entitled to reimbursement for expenses and not to remuneration, the underlying principle being that negotiorum gestio is intended as an act of generosity and friendship and not to allow the gestor to profit from his agency. This form of agency is found in civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
countries and in Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
and South African law, both of which are mixed legal systems.
For example, while you are traveling abroad, a typhoon hits your home town and the roofing of your house is in danger. To avoid the catastrophic situation, your neighbor does something urgently necessary. You are the 'principal' and your neighbor here is the 'gestor", the act of which saved your house is the 'negotiorum gestio.'
It originated as a Roman legal institution in which an individual acted on behalf of another, without his asking and without remuneration
Remuneration
Remuneration is the total compensation that an employee receives in exchange for the service they perform for their employer. Typically, this consists of monetary rewards, also referred to as wage or salary...
. It was considered a part of officium (duty
Duty
Duty is a term that conveys a sense of moral commitment to someone or something. The moral commitment is the sort that results in action and it is not a matter of passive feeling or mere recognition...
), for instance, to defend a friend's or neighbour's interests while the friend or neighbor was away.
The principal, or dominus, more fully dominus negotiorum dominus rei gestae, is bound to indemnify the gestor for the expenses and liabilities incurred.
Negotiorum gestio could be compared with a quasi-contract
Quasi-contract
A quasi-contract is a fictional contract created by courts for equitable, not contractual purposes. A quasi-contract is not an actual contract, but is a legal substitute for a contract formed to impose equity between two parties. The concept of a quasi-contract is that of a contract that should...
in Common Law system.