xii. negotiorum gestio

Question 1

NEGOTIORUM GESTIO

Answer 1

= ‘unauthorised management of another’s affairs’, when someone knowingly intervenes in the affairs of another person without being obliged or authorised to do so.

Question 2

claims arising from NEGOTIORUM GESTIO

Answer 2

principal: DOMINUS NEGOTII — ACTIO NEGOTIORUM GESTORUM DIRECTA
intervener: NEGOTIORUM GESTOR — ACTIO NEGOTIORUM GESTORUM CONTRARIA

Question 3

ANIMUS REM ALTERI GERENDI

Answer 3

= acting with knowledge and intent of managing another’s affairs

Question 4

ANIMUS RECIPIENDI

Answer 4

= intent to receive reimbursement

Question 5

PIETAS

Answer 5

= moral sense of family obligation → if acted because of this, resort is not qualified for reimbursement

Question 6

assessment of usefulness

Answer 6

subjective or objective: → emphasis on subjective interest of principal

EX ANTE: assessment at beginning of acting
EX POST: assessment after action has been carried out

Question 7

UTI-LITER COEPTUM

Answer 7

= it is sufficient that action has began usefully (EX ANTE)

Question 8

expenses eligible for reimbursement

Answer 8

IMPENSAE NECESSARIAE: neccessary, always eligible
IMPENSAE UTILES: useful, increasing value of asset
IMPENSAE VOLUPTATIS CAUSA: luxury expense, not eligible for reimbursement

Question 9

liability of gestor

Answer 9

• flexible assessment, taking into account precise circumstances!
• gestor is liable for DOLUS and CULPA
• in necessitous intervention, only for DOLUS
• previous business practices of principal as an expression of subjective interest: by unusual transactions, risk is high of going against wishes
  → loss must be borne by gestor
  → if both loss and profit, then COMPENSATIO LUCRI CUM DAMNO

Question 10

NEGOTIORUM GESTIO against principal’s will

Answer 10

• some grant ACTIO NEGOTIORUM GESTORUM or ACTIO UTILIS
• Julian, Paulus & Pomponius: no reimbursement!