| 单词 | negotiorum gestio |
| 释义 | negotiorum gestio negotiorum gestio 'unauthorised administration'. Roman law gave an action, the direct action, against a negotiorum gestor, a person who involved himself in the affairs of another without instruction. There was, however, no action if the gestor acted with the care he used in his own affairs, and, indeed, the gestor had a contrary action for the expenses involved in doing the work.The action, to be found in many civilian jurisdictions, has become the foundation for a wider law of restitution, France being an exam- ple. It is known in Scotland but is wholly rejected in England: Falke v. Scottish Imperial Insurance Co. (1886) 34 Ch. D. 234, but now that English law is beginning to look at questions in terms of restitution for unjust enrichment its future may not be so bleak: Re Berkeley Applegate (Investment Consultants) Ltd [1988] 3 WLR 95. |
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