Gestiunea de afaceri în noul Cod civil
The Management of Business in the New Civil Code

Summary/Abstract: One of the most important lawful legal actions generating obligations is represented by the management of business. In Roman law, this institution was called negotium gestio and it was entailing mutual actions between its parties. For example, if a person dealt with another person’s business, in the absence thereof, there were born reciprocal actions between them: the person whose businesses were administered (principal or dominus negotii) had direct action, and the person who administered them (gestor) had the contrary action. However, the new provisions of civil substantive law from our country consecrate to this civil legal action a much more modern and judicious regulation. It is noteworthy, in particular, that the contemporary civil legislator tried to determine its specific conditions, consecrating, in this respect, several provisions incident to the parties and to their actions. However, the effects of business management present a particular interest in the light of the parties' obligations; equally, we are going to identify a special component of this institution known as the management ratification by the principal. Through the management ratification by the principal, the legislator has compared the management of business with the mandate.

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