Negotiorum Gestio: a civilian concept in the Common Law?

Sheehan, Duncan (2006) Negotiorum Gestio: a civilian concept in the Common Law? International and Comparative Law Quarterly, 55 (2). pp. 253-279. ISSN 0020-5893

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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.

Item Type: Article
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: Julia Sheldrake
Date Deposited: 12 Nov 2010 09:20
Last Modified: 15 Feb 2023 10:30
DOI: 10.1093/iclq/lei081

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