La gestione di affari altrui necessaria e utile
Necessary and Useful Benevolent Intervention in Another's Affairs

Author(s): Valentina Cvetković-Đorđević
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Necessary and useful benevolent intervention in another's affairs; Roman law; Austrian law; Serbian law; Principles of European law; Benevolent intervention in another's affairs;
Summary/Abstract: Modern institute of benevolent intervention in another's affairs dates back to the Roman law where a praetor first protected absent persons who were not able to take care of their interests. In such a situation if another person ( negotiorum gestor, intervenor) without previous authorization or duty manages affairs of another person (dominus negotii, principal), legal protection was given to both. In further development different cases were legally protected in which a gestor acted to benefit a dominus negotii. All the cases in which an intervener acts in the interest of another person are divided in two groups. In the cases of the first group intervention is necessary because a principal, or his property or interests are endangered. Therefore an intervener manages another's affairs in order to protect principal or his property or interests. In the cases of the second group an intervener acts not to prevent the damage but to achieve a benefit for him. The paper analyses the way in which all the cases of negotiorum gestio are formulated and regulated in Austrian and Serbian law as well in the Principles of European Law on Benevolent Intervention in Another's Affairs.

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