Chapter V Negotiorum gestio
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This chapter deals with negotiorum gestio or benevolent management of another’s affairs - i.e. a the situation in which a person (the “gestor”) takes over the management of the affairs of another (the “principal”), in the principal’s interest and on its behalf, but without the principal’s prior consent to do so. It inquires into the question of whether negotiorum gestio can operate as a source of obligations, both for the gestor and the principal. It describes the statutory enshrinements and basic traits of this institution in Civil Law systems, as well as their historical roots and social functions in those systems, and compares them with Common Law systems, which have traditionally rejected such situations as giving rise to an obligation of the principal to compensate the gestor for its expenses. It then seeks to explain the main reasons accounting for these differences, and describes the legal institutions that Common Law systems have developed in order to safeguard, in relation to certain categories of situations, the position of persons who interfere without authorisation in the legal sphere of others, such as agency of necessity and necessitous intervention by a stranger.

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