Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

negotiorum gestor

Read a random definition: rack

A quick definition of negotiorum gestor:

Negotiorum gestor is a Latin term that means "a manager of another's affairs." In Roman and civil law, it refers to a person who acts without authority to protect another person's interests, in the reasonable belief that the owner would approve the action if made aware of the circumstances. The actor has a claim to be compensated by the owner for the trouble taken, and the owner has a claim for any loss that results from the negotiorum gestor's fault. It is a quasi-contractual situation in which an actor manages or interferes in the business transaction of another person in that person's absence, without authority but out of concern or friendship. By such conduct, the actor is bound to conduct the matter to a conclusion and to deliver the transaction's proceeds to the person, who likewise must reimburse the actor for any expenses incurred. A negotiorum gestio does not exist if the gestor acted self-interestedly or if the owner expressly forbade the gestor from acting on the owner's behalf.

A more thorough explanation:

Definition: A negotiorum gestor is a person who acts without authority to protect another person's interests, in the reasonable belief that the owner would approve the action if made aware of the circumstances. This term comes from Roman and civil law.

For example, if a person sees a house on fire and enters it to save the owner's property, they are acting as a negotiorum gestor. They are not authorized to do so, but they are doing it out of concern for the owner's property. If the owner later approves of their actions, the negotiorum gestor can claim compensation for their trouble, and the owner can claim for any loss that results from the gestor's fault.

A negotiorum gestio is a quasi-contractual situation in which an actor (negotiorum gestor) manages or interferes in the business transaction of another person (dominus negotii) in that person's absence, without authority but out of concern or friendship. By such conduct, the actor is bound to conduct the matter to a conclusion and to deliver the transaction's proceeds to the person, who likewise must reimburse the actor for any expenses incurred. A negotiorum gestio does not exist if the gestor acted self-interestedly or if the owner expressly forbade the gestor from acting on the owner's behalf.

Overall, a negotiorum gestor is someone who acts in good faith to protect another person's interests, even if they do not have explicit authorization to do so. They can be compensated for their trouble, but they are also responsible for any mistakes or faults that occur as a result of their actions.

negotiorum gestio | negotium

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
i think this cycle is so slow that we have nothing better to do than tap
*yap my b
texaslawhopefully
18:45
@Dkk: Fair. My guess is (if the DNC is smart) dems change there messaging to be more appealing to moderates, they start winning and they hopefully that encourages republicans to move back to the center.
Dkk
18:47
Yeah, exactly.
18:47
i for one STILL cannot believe donnie is prez. like gobsmacked. how did that happen? was it getting gunned down that sealed the deal?
Im starting to worry that I wont hear back from some schools before deposit deadline. Anyone have any advice? Is it possible they push back deposit dates?
i really dont wanna lose that much money
texaslawhopefully
18:48
@llama: This was the best explanation that I read for it: https://samharris.substack.com/p/the-reckoning
18:48
@GapingVariousTurkey: same bro. im not worried cause yolo, but i think an honest talk with each applicable school will allow them to give leeway
texaslawhopefully
18:48
But, yeah, I think many people were shocked
any UK law students?
18:49
@texaslawhopefully: when I have some time i will read, thanks fren. Regardless of whichever of the two [T or H] are in the WH, I truly believe expectations will be looked back on as over worried.
18:50
@thanatologist: Kentucky?
texaslawhopefully
18:51
@llama: I don't know man, maybe I've been reading way too much news but I'm worried in a way I wasn't with Biden, or would've been with Harris
18:53
@texaslawhopefully: looking back, the Rs were freaking out saying Biden was going to end the country, and the Ds were freaking out during DJTs 1st term. Neither did exceptionally bad or good, IMHO. At the end of the day, the rest of the GOV (Judaical and Congress) really put a damper on grandiose executive plans. Finally, we all know Donnie is a talker: he anchors (ie tarrifs), he talks shit, he says he will do X and never does. news eats that shit up, but I think most will not ever come to pass
Dkk
18:54
I really think it's a lot of political theater right now. I think a huge percentage of these EO's are just going to be shot down.
18:55
the news sells fear. that is their product (hence why u see COPD, heart meds, stress/ antidepressants adverts during primtime). We know trump has a big mouth, and when he opens it, he spews nonsense which gets funneled into ur ears- ratings skyrocket.
18:56
not COPD. my bad ^
dem messaging is lightyears behind MAGA messaging, part of this can be blamed on foreign governments boosting the MAGA party to destabilize the country, but the democrat old guard is so far behind MAGA strategy
18:57
@Dkk: exactly.
dems need to give way to modern leftists like AOC and bernie
18:58
@KnowledgeableRitzyWasp: AOC is my crushhhh
Dkk
18:59
It's amazing cus in 2008/2012 people were even wondering if the Republican party was still going to be a thing and then yeah, MAGA just took over.
but unfortunately the left purity tests all of its members to death, for the left their candidates have to be perfect, for the right their candidates are basically forgiven for anything. it makes it a hard sell for upcoming talent to attach to the left wing when they will cancel their politicians for any perceivable social slight
texaslawhopefully
18:59
Yeah, unfortunately that happened in part with Harris and the far-Left
19:00
@KnowledgeableRitzyWasp: see with takes like that, it is no wonder how you are called Knowledgeable Wasp
ie a lot of the left didnt vote for harris because they thought biden was too soft on israel for the I/P situation. but now they have trump who will literally hand netanyahu bombs to genocide palestinians
texaslawhopefully
19:01
And even on that issue, though, I thought Biden was very moderate, whereas the far-Left just had unrealistic expectations of where he was going to end up
yeah absolutely, and our modern left doesn't appreciate that if they eventually want their policies, their best bet is incremental progress, not a perceived revolution
Dkk
19:03
So if you are 19, Trump won his first election when you were like 11. What were you doing at 11?
LSD+ is ad-free, with DMs, discounts, case briefs & more.