''Negotiorum gestio'' (,

Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...

for "management of business") is a form of spontaneous voluntary agency in which an intervenor or intermeddler, the ''gestor'', acts on behalf and for the benefit of a principal (''dominus negotii''), but without the latter's prior 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 intermeddling. This form of intervention is classified as a quasi-contract and found in civil-law jurisdictions and in mixed systems (e.g.

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

, Scots, South African, and Philippine laws). 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 neighbour does something urgently necessary. You are the 'principal' and your neighbour here is the 'gestor', the act of which saved your house is the ''negotiorum gestio''. It originated as a Roman

legal Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...

institution in which an individual acted on behalf of another, without his asking and without

remuneration Remuneration is the pay or other financial compensation provided in exchange for an employee's ''services performed'' (not to be confused with giving (away), or donating, or the act of providing to). Remuneration is one component of reward managem ...

. It was considered a part of ''officium'' ( duty), for instance, to defend a friend's or neighbour's interests while the friend or neighbour was away. The principal, or ''dominus negotii'' (or rarely ''dominus negotiorum dominus rei gestae''), is bound to indemnify the gestor for the expenses and liabilities incurred. If the principal fails to do so, there is unjust enrichment, and the gestor then has a claim to bring an action for restitution. In Napoleonic jurisdictions, as well as others like

, the action takes the form of the ''actio de in rem verso''. In South Africa, on the other hand, multiple restitutionary actions lie for ''negotiorum gestio'', namely: # '' condictio indebiti''; # '' condictio causa data causa non secuta''; # ''condictio ob turpem vel iniustam causam''; # ''condictio sine causa specialis'' ''Negotiorum gestio'' is not recognised at

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

, despite certain English salvage cases, as well as some cases in equity where trustees were on occasion remunerated for services voluntarily rendered. Nevertheless, the concept is known in English legal theory as ‘necessitous intervention’. It is variously known as follows: * Belgium: "agency of necessity" in Dutch and "management of affairs" in French ( or ) under the Belgian Civil Code * Czech Republic: "uncommanded agency" () under the Czech Civil Code * France: "management of affairs" () under the French Civil Code * Germany: "agency without specific authorisation" () under the

German Civil Code German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also Ge ...

* Italy: "management of another's affairs" () under the Italian Civil Code * Japan: "management of business" (, ''jimu kanri'') under the Japanese Civil Code * Louisiana: "management of affairs" under the Louisiana Civil Code * Netherlands: "agency of necessity" () under the Dutch Civil Code * Scotland: ''Negotiorum gestio'' (sometimes rendered 'benevolent intervention', though generally the phrase ''negotiorum gestio'' is used even in modern statutes). * South Africa: ''negotiorum gestio'' (sometimes "management of affairs") under South African law * Sweden: ''negotiorum gestio'' and "services without assignment" () * Switzerland: "business management without authority" in German and "management of affairs" in French ( or ) under the Swiss Civil Code * Poland: "management of another's business without an order" () under the Polish Civil Code *Portugal: "management of business" ( Portuguese: ''gestão de negócios'') under the Portuguese Civil Code (Articles 464 to 472) * Russia: "action in the interest of another (without instruction)" () under the Russian Federation Civil Code * Taiwan: "management of affairs without mandate" () under the Taiwanese Civil Code * Thailand: "management of affairs without mandate" (; ) under the Civil and Commercial Code *Turkey: "management of affairs without mandate () under the Turkish Code of Obligations (Articles 526-531)

See also

References

Further reading