“The negotiorum gestio, according to the civilians, is a species of spontaneous agency, or an interference by one in the affairs of another, in his absence, from benevolence or friendship, and without authority. The negotiorum gestor acquires no right of property by means of the interference, and he is strictly bound not only to good faith, but to ordinary care and diligence; and in some cases he is held responsible for the slightest neglect.” 2 James Kent, Commentaries on American Law *616 n. (c) (George Comstock ed., 11th ed. 1866).
negotiorum gestio
negotiorum gestio (ni-goh-shee-or-[schwa]m jes-chee-oh), n. [Latin “management of another’s affairs”] Roman & civil law. 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. La. Civ. Code art. 2292. • 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. La. Civ. Code art. 2297. 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. See actio negotiorum gestorum under ACTIO. [Cases: Implied and Constructive Contracts 2.1; Principal and Agent 149(2).C.J.S. Agency §§ 362, 372–374.]
