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Legal Definitions - gestor
Definition of gestor
The term gestor refers to an individual who manages or conducts affairs, often on behalf of another person or entity, particularly in the context of business or property. In legal systems influenced by Roman law, it can specifically describe someone who voluntarily takes on the management of another's affairs without prior authorization, but with the intention of benefiting that person.
Example 1: Managing a Family Business
Imagine a small bakery owner, Maria, who suddenly falls ill and is unable to run her shop for several weeks. Her cousin, Carlos, steps in to manage the daily operations, including ordering supplies, overseeing staff, and handling customer service, even though he doesn't have a formal employment contract for this role. Carlos acts as a gestor, carrying on the business in Maria's absence to prevent it from failing.
Example 2: Overseeing an Absent Neighbor's Property
A homeowner, Mr. Chen, goes on an extended overseas trip. While he's away, a severe storm damages his roof. His neighbor, Ms. Davies, notices the damage, contacts a reputable roofing company, and arranges for the necessary repairs to prevent further damage to Mr. Chen's house, even though she has no formal agreement to manage his property. Ms. Davies acts as a gestor, managing Mr. Chen's affairs (his property's repair) in his absence for his benefit.
Example 3: Handling an Incapacitated Relative's Finances
An elderly aunt, Mrs. Rodriguez, begins to experience cognitive decline and struggles to manage her monthly bills and investments. Her niece, Sofia, notices this and starts paying her aunt's utility bills, managing her bank accounts, and ensuring her investments are monitored, all without a formal power of attorney initially. Sofia is acting as a gestor, taking charge of her aunt's financial affairs to protect her interests.
Simple Definition
In Roman law, a "gestor" generally refers to someone who manages or conducts a business. More specifically, it often denotes a "negotiorum gestor," which is a person who voluntarily manages the affairs of another without prior authorization, acting in that person's best interest.