Negotiorum Gestio
A Civilian Concept in the Common Law
Bibliographic Data
| ID | 9928600 |
|---|---|
| Authors | Duncan Sheehan (University of East Anglia, corresponding author) |
| Year | 2006 |
| Volume | 55 |
| Issue | 2 |
| Pages | 253-280 |
| Publication date | 2006-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1093/iclq/lei081 |
| OpenAlex | W2094823033 |
| Language | EN |
| References cited | 12 |
This paper assesses whether English law recognizes a concept of negotiorum gestio. Claimants intervening in other' affairs and seeking restitution or reimbursement of expenses are often labeled ‘officious’, and disallowed relief. That, however, gives a misleading impression of English law. English law does recognize a concept of negotiorum gestio, which while very different to that found in German law, has parallels to versions found in other Civilian systems. It provides a cause of action to recover the intervenor's expenses, and any loss suffered during the intervention. It also provides a defence to the intervenor's intentional torts, although negligent intervenors will remain liable for their negligence
Cause of action · Common law · German · Linguistics · Plaintiff · Political science · Restitution · Unjust enrichment · European and International Contract Law · Law · Law, Economics, and Judicial Systems · Legal principles and applications · Philosophy
| Citation velocity | historical |
|---|---|
| Highly cited | No |