Legal Definitions - negotiorum gestio

Negotiorum gestio is a legal principle, originating in Roman and civil law, that describes a situation where one person voluntarily takes action to manage the affairs or protect the interests of another person, without having been asked or authorized to do so. This typically occurs when the owner of the affairs is absent, unavailable, or incapacitated and cannot act on their own behalf.

The person who intervenes (known as the "gestor") acts out of genuine concern or benevolence, not for personal gain or self-interest. Because of this unsolicited but helpful intervention, the law creates certain obligations for both parties:

• The gestor is obligated to continue managing the affair until it is concluded or until the owner can take over. They must act with reasonable care and diligence, and deliver any proceeds or benefits of their actions to the owner.
• The owner is obligated to reimburse the gestor for any necessary and reasonable expenses incurred during the management of their affairs.

This principle does not apply if the gestor acted purely for their own benefit, or if the owner had explicitly forbidden such intervention.

Examples:

• Emergency Home Repair for an Absent Neighbor:

  Imagine your neighbor, Maria, is on an extended vacation overseas. A severe hailstorm unexpectedly hits your town, causing significant damage to Maria's roof and a broken window. You notice the damage and, concerned about potential water intrusion and security risks to her home, you immediately contact a local roofing company to tarp the damaged section of the roof and board up the broken window. You pay the emergency service out of your own pocket to prevent further harm to Maria's property.

  This situation illustrates negotiorum gestio because you (the gestor) managed Maria's (the owner's) property affairs in her absence, without her prior authorization, and out of genuine concern for her property. Upon Maria's return, you would be expected to provide an account of the work done and the expenses incurred, and Maria would be legally obligated to reimburse you for the reasonable costs of the emergency repairs.

• Protecting a Small Business During Owner's Incapacity:

  Sarah owns a popular local coffee shop. She suddenly suffers a medical emergency and is hospitalized, unable to communicate or manage her business. Her friend, Tom, who occasionally helps out at the shop, learns of Sarah's condition. Knowing that a large, pre-paid catering order for a corporate event is due the next morning and that the perishable ingredients have already been delivered, Tom steps in. He prepares the order, arranges for its delivery, and uses some of his own funds to cover an unexpected delivery fee, ensuring the client is satisfied and Sarah's business reputation is protected.

  Here, Tom (the gestor) managed Sarah's (the owner's) business affairs during her incapacity, without explicit authority, and with the benevolent intent of preventing financial loss and reputational damage. Tom would be expected to provide an accounting of his actions and expenses, and Sarah, once recovered, would be obligated to reimburse him for the reasonable costs he incurred to fulfill the catering order.

• Securing a Vacant Property After a Natural Disaster:

  A remote cabin, owned by a family who lives several states away and visits only seasonally, is severely damaged by a wildfire. A local park ranger, patrolling the area, discovers the cabin's compromised structure and open doors, making it vulnerable to looting or further environmental damage. Without being able to contact the owners immediately, the ranger arranges for a local contractor to secure the cabin by boarding up openings and reinforcing a damaged wall, paying a small initial fee from a discretionary fund to ensure immediate action.

  This is an example of negotiorum gestio because the park ranger (the gestor) took action to protect the absent owners' (the family's) property interests without their prior consent, driven by a concern for preventing further loss. The ranger would document the actions and expenses, and the family, upon learning of the intervention, would be expected to reimburse the reasonable costs incurred to secure their property.