Legal Definitions - negotiorum gestor

A negotiorum gestor is an individual who voluntarily takes action to manage or protect another person's affairs or property without having received prior authorization to do so. This action is taken with the reasonable belief that the owner would have approved of the intervention if they had been aware of the circumstances. The law recognizes that such an individual, acting in good faith for another's benefit, may be entitled to reimbursement for reasonable expenses incurred, while also being responsible for any losses caused by their own negligence or fault.

• Imagine Sarah is on an extended vacation, and a sudden severe hailstorm damages a significant portion of her roof. Her neighbor, Mark, notices the damage and, knowing Sarah is unreachable, immediately contacts a roofing company to place a temporary tarp and prevent further water damage to the interior of her home. Mark pays for this emergency service out of his own pocket.

  How this illustrates negotiorum gestor: Mark acted as a negotiorum gestor because he took action to protect Sarah's property (her home) without her prior authorization. He reasonably believed that Sarah would approve of preventing further damage, and he would likely be entitled to be reimbursed by Sarah for the reasonable cost of the emergency tarping.

• Consider a small business owner, David, who suffers a sudden medical emergency and is hospitalized, unable to communicate. His friend and occasional consultant, Emily, knows that a critical payment to a key supplier is due that day, and missing it would result in severe penalties and potential termination of the supply contract, jeopardizing David's business. Emily uses her own funds to make the payment on David's behalf.

  How this illustrates negotiorum gestor: Emily acted as a negotiorum gestor by managing David's financial affairs without his explicit instruction. Her intervention protected David's business interests by preventing a costly contract breach. She would likely have a claim to be reimbursed by David for the payment she made, as it was a reasonable action taken in his best interest.

• Suppose Maria leaves for a weekend trip, but due to an unforeseen family emergency, she has to extend her trip indefinitely and cannot be reached. Her friend, Carlos, realizes that Maria's cat, left with an automatic feeder, will soon run out of food and water. Carlos enters Maria's apartment, takes the cat to a reputable pet boarding facility, and pays for its care for the next week.

  How this illustrates negotiorum gestor: Carlos acted as a negotiorum gestor by taking charge of Maria's pet's welfare without her explicit permission. He acted in the reasonable belief that Maria would want her pet cared for, especially given her unavailability. Carlos would likely be able to seek reimbursement from Maria for the reasonable boarding costs.