Negotiorum gestio
The negotiorum gestio ( agency without authority ) is the perception of transactions of principals ( Latin dominus negotii ) by a manager ( Latin negotiorum gestor that the managing director by the principals for this purpose) without mandated been authorized or otherwise in a special way.
Purpose of the negotiorum gestio
Cases of conducting foreign business were already known to the republican legal system . These included (free) contracts such as the mandatum ( commissioned business ), the locatio conductio , which included service and work contracts , or the tutela , the exercise of guardianship . In contrast, with the negotorium gestio, Roman law regulated the law of quasi-contracts, legal relationships that lay outside of contract law . Two different interests arose: The owner, i.e. the one for whom the trade was made, was interested in a business arrangement from which he received pecuniary advantages. The person who took care of the agency was possibly interested in receiving reimbursement for the expenses incurred. The legal institution of negotorium gestio thus served to balance both interests. For this purpose, the parties basically had the types of action that were intended for the enforcement of contracts.
The enforcement of claims (legal action) was based on praetoric edicts . As in today's German law, emergency management led to liability restrictions.
Germany
literature
- Ernst von Caemmerer , Peter Schlechtriem (Ed.): International Encyclopedia of Comparative Law . tape 10 : Restitution - Unjust Enrichment and Negotiorum Gestio . Mohr Siebeck, Tübingen 2007, ISBN 978-90-04-16309-6 (English).
- Herbert Hausmaninger , Walter Selb : Roman private law . 9., completely reworked. Edition Böhlau, Vienna 2001, ISBN 3-205-99372-1 .
Individual evidence
- ^ Pierer's Universal Lexicon . Volume 7, Altenburg 1859, pp. 261-262. Retrieved from zeno.org on June 19, 2011.
- ^ A b Herbert Hausmaninger , Walter Selb : Roman private law . Böhlau, Vienna 1981, ISBN 3-205-07171-9 , pp. 260-261.
