NEGOTIORUM GESTIO Flashcards
(11 cards)
what is negotiorum gestio
unauthorised management of another’s affairs
contract?
QUASI-CONTRACT: the mutual obligations result not from a contract but from a factual constellation resembling a contract
ACTIO NEGOTIORUM GESTORUM DIRECTA
the principal can demand from the gestor payment of proceeds and if applicable damages
ACTIO NEGOTIORUM GESTORUM CONTRARIA
the gestor can demand reimbursement for certain expenses and losses he incurred while managing other person’s affairs
difference from mandate
here there’s no agreement between parties from which rights and duties result in mandate
another person’s affairs
- only when gestor is not managing his own affairs
- mixed interests are sufficient
- the gestor has to act with the intent of managing another person’s affairs
- family ties: if someone renders the service because of a duty to support or moral sense of family obligations, it doesn’t count. if it’s made in the expectation to be reimbursed, then it’s applicable.
ANIMUS RECIPIENDI
intent to receive reimbursement for one’s useful expenses
when is it useful?
a) subjectively useful = in the interest of the principal
b) EX ANTE = was the action useful at the moment when the gestor begun?
when are the gestor’s expenses eligible for reimbursement?
- as far as the expenses are in the principal’s interest + necessary + useful
- NO luxury expenses
liability of the gestor
- general rule: liable for DOLUS and CULPA
- in case of imminent danger: only DOLUS
- if the gestor makes an unusual transaction that the principal would usually not make: also liable for losses that occur accidentally
NEGOTIORUM GESTIO against the principal’s will
- controversial among roman jurists
- One opinion: ACTIO NEGOTIORUM GESTORUM CONTRARIA or analogously constructed ACTIO UTILIS possible (principal was enriched)
- Other opinion: No reimbursement (Principal’s declared will has to be respected)
