NEGOTIORUM GESTIO AND UNJUST ENRICHMENT
NEGOTIORUM GESTIO AND UNJUST ENRICHMENT
Author(s): Valentina ĐorđevićSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Canon Law / Church Law, Philosophy of Law, EU-Legislation, Sociology of Law, Maritime Law, Commercial Law, Court case, Sharia Law, Comparative Law, Administrative Law, Labour and Social Security Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Negotiorum gestio; unjust Enrichment; animus aliena negotia gerendi
Summary/Abstract: In modern legal systems, an indispensable element of negotiorum gestio is an intervener’s intention to act in the interest of another. This subjective element is an important criterion of demarcation between the benevolent intervention of another’s affairs and unjust enrichment. Insisting on the subjective conception of negotiorum gestio which takes into account intention of a gestor to act in the interest of another or objective conception which neglects such an intention is contrary to both the Roman Law resources and methods Roman jurists worked with.
Journal: IUS ROMANUM
- Issue Year: 2020
- Issue No: 2
- Page Range: 284-298
- Page Count: 15
- Language: English