Jednatelství bez příkazu jako specifický důvod vzniku závazku
Unordered agency as a specific cause of obligation

Summary/Abstract: The negotiorum gestion institute of the Roman law has been embodied in the European legal codification despite the fact that at present it is not applied as often as in the Ancient Rome. This institute covers a great variety of case facts when a person (negotio­ rum gestor) acts on their own will in another person's (dominus negotii) benefit. Acting in this way the person must not pursue its own good. The agency must be realized in a beneficial way (itiliter). The agent then has a right to claim compensation for their expenses ar for a damage. The interesting feature of this obligation relation is the fact that it arises without there having been any contractual obligation. In the Justinian law this obligation relation belonged to the category of quasi-contracts. Discussions concerning obligation arising are still topical as may be seen on the example of creating the concept of "drawn" ar "fictive" contract. This concept is very frequent in German civil law studies. The issue of obligations related to unordered agency is at present embodied in two conceptions. The Eu­ropean (continental) codification reflects the Roman law and accepts the quasi-contract conception. Anglo­-American legal systems conceptions originate from the conception of enrichment. Mixing both conceptions can't be excluded from díscussion which is a fact well proved by the current views.

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