Negotiorum gestio
From Roman law, kept in civil law
Contract and obligations
What it means
Acting for another person without being asked, when that person cannot act for themselves, for example to protect their property while they are away. The person who acted can claim back their expenses, and must account for what they did.
Why it travels badly
Common law is cautious about the 'officious intermeddler', someone who interferes without being asked, and gives little or no reward. It has no general doctrine of this kind, only narrow rules such as agency of necessity. Civil codes treat helping an absent person as a recognised legal relationship.
How other systems say it
Geschäftsführung ohne Auftrag (§§ 677 ff BGB)
The helper must act in line with the other person's real or presumed wishes and may claim expenses.
gestion d'affaires (arts 1301 to 1301-5 Code civil)
Whoever acts for another without being asked, in the other's interest, can be reimbursed for useful expenses.
Scotland
negotiorum gestio
Scots law, a mixed system, keeps the Roman term and the doctrine.
no general doctrine
Courts allow some claims, such as for saving a person's life or goods in an emergency, but the law does not generally reward the helper.
Tip for translators and students
Keep the Latin term and explain it in a clause. Translating it as 'agency' is wrong, since the helper has no authority from the other person.
Related: Unjust enrichment, Obligation and Schuldrecht
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
