Also known as:domini negotiorum · principal · negotiorum gestio owner
Written by attorneys · grounded in primary & secondary sources — see below
The owner of affairs whose business is managed without authority by a gestor in a quasi-contractual relationship arising under civil law. The gestor must act out of concern or friendship and is bound to conclude the matter and deliver proceeds while the dominus negotii must reimburse reasonable expenses incurred.
Sources & Authorities· 39 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Neighbor Storm Damage Management
Darrell Duncan managed the financial affairs of his absent neighbor Dylan Duffy after a storm damaged Duffy's property. Duncan hired workers to make repairs. The court held Duffy as dominus negotii must reimburse Duncan for the reasonable expenses incurred.
Diplomatic Negotiation Handling
Dustin Donovan handled urgent diplomatic negotiations for his vacationing superior Daniel Diaz. Donovan acted without prior authority but out of concern. The court held Diaz as dominus negotii must reimburse Donovan and accept the resulting obligations.
Real Estate Closing Assistance
Danielle Dixon stepped in to complete a stalled real estate closing for her out-of-town client Dolores Diaz. Dixon acted without authority but out of friendship. The court held Diaz as dominus negotii must reimburse Dixon for reasonable expenses and accept the closing proceeds.
Delta Dynamics managed supply arrangements for Drake Logistics after a key executive fell ill. Delta acted without authority but out of concern. The court held Drake Logistics as dominus negotii must reimburse Delta for reasonable expenses and accept the delivered goods.
Regulatory Filing Assistance
Davenport Pharmaceuticals handled emergency regulatory filings for Dawson Steel during an executive absence. Davenport acted without authority but out of friendship. The court held Dawson Steel as dominus negotii must reimburse Davenport for reasonable expenses incurred.
Corporate Lawsuit Representation
A gestor filed suit on behalf of an absent corporation whose principal place of business was in another state. The gestor acted without authority but out of concern. The court held the dominus negotii corporation must reimburse the gestor and accept the litigation proceeds.
Common questions
Frequently Asked
3
Who reimburses the gestor for expenses incurred while managing affairs?+
The dominus negotii must reimburse the gestor for reasonable expenses incurred in managing the affairs provided the gestor acted without authority but out of concern or friendship.
Supporting sources
Does negotiorum gestio arise if the owner forbade the intervention?+
No. A negotiorum gestio does not exist if the owner expressly forbade the gestor from acting on the owner's behalf.
Supporting sources
What duty does the gestor owe the dominus negotii?+
The gestor is bound to conduct the matter to a conclusion and to deliver the transaction's proceeds to the dominus negotii.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…act, passed 27 July 1789, established an executive department denominated the Department of Foreign Affairs and appointed a principal officer to perform duties enjoined or intrusted to him by the President relative to correspondences, commissions, instructions, negotiations with public ministers, memorials and other…