ACTIO NEGOTIORUM GESTORUM Meaning and
Definition
-
Actio negotiorum gestorum is a Latin legal term that translates to "action for the management of affairs." It refers to a legal action that allows one person to seek compensation or reimbursement for the actions carried out in the management of another person's affairs without prior authorization.
In legal contexts, actio negotiorum gestorum typically arises in situations where someone acts as a self-appointed manager or administrator of another person's affairs, known as the gestor. The gestor may intervene in situations where he/she believes that the affairs of the other person require urgent attention or when the other person is unable to manage their own affairs due to incapacity or absence.
The actio negotiorum gestorum grants the gestor the right to initiate a legal action against the individual for whom they managed affairs. This action seeks to recover expenses incurred, liabilities caused, or any profits that resulted from the gestor's management activities. The actio negotiorum gestorum is based on the principle that if one person voluntarily undertakes management responsibilities for another's affairs, they should be entitled to fair compensation or reimbursement for their efforts.
Furthermore, the actio negotiorum gestorum encompasses several essential elements. These include the gestor acting without prior authorization, the actions being in good faith and without negligence, and the actions being beneficial to the person whose affairs were managed. It is also crucial for a gestor to act reasonably and with due care, and any losses caused by their actions may lead to legal liability.
Overall, actio negotiorum gestorum aims to provide a legal remedy for individuals who have taken it upon themselves to manage the affairs of another person in an emergency or time of need, allowing them to seek fair compensation for their efforts.
