negotiorum gestio


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negotiorum gestio

‘unauthorized administration’. Roman law gave an action, the direct action, against a negotiorum gestor, a person who involved himself in the affairs of another without instruction. There was, however, no action if the gestor acted with the care he used in his own affairs, and, indeed, the gestor had a contrary action for the expenses involved in doing the work. The action, to be found in many civilian jurisdictions, has become the foundation for a wider law of restitution, France being an example. It is known in Scotland but is wholly rejected in England, although the rapidly developing law of restitution there may result in some of these issues being re-examined.