Negotiorum gestio

Abstract

This thesis chronicles the birth. the gradual development and the similar but not identical forms the institute of negotiorum gestio has attained in various legislations at this day and age. It also includes a study of both the requisites necessary in order for the institute to take place. and the effects arising from such institute. always looked at from a limitedly comparative angle. The aim of this thesis is twofold: firstly. that of tracing the institute's history from early Roman law up till this day. with an eye constantly kept on legal developments and their relations with the socio-environmental conditions which might have influenced such changes; secondly, that of comprehensively analysing the legal issues arising out of the same existence of such institute. Chapter I deals with the creation and the growth of the institute parallelly to the expansion of Roman territory and society. from early Roman law where it started off. to its classical law development and moving on till Justinian's codification. Chapter II explains how this wealthy patrimony has been inherited by modern European and other legislations, from the Code Napoleon onwards until the end of the twentieth century. together with a compendium of different definitions of the institute as supplied by various codes and doctrines. It also looks at the way resorting to this institute is denied in the Anglo-Saxon law system, and a cursory look is given as to what has been adopted in order to make good for such a lacuna in these jurisdictions. Chapter III deals with the essential requisites of negotiorum gestio namely the gestor's capacity. what form the affair can take. the necessity that the affair be of another and not of the gestor. and the gestor · s intention to benefit another person by his actions. Equally important requisites are the fact that the affair should. at least at the beginning. have been usefully managed and that the gestor be not bound towards the dominus by previous obligations. The last chapter deals with the effects of negotiorum gestio. the obligations of the gestor and of the dominus. vis-a-vis each other and third parties. together with what happens once the dominus ratifies the gestor's acts. Finally, this thesis tries to explain why this institute is not dead but still alive and relevant.