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Altruism in Private LawLiability for Nonfeasance and Negotiorum Gestio$
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Jeroen Kortmann

Print publication date: 2005

Print ISBN-13: 9780199280056

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199280056.001.0001

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The Continental Doctrine of ‘Negotiorum Gestio’ 1

The Continental Doctrine of ‘Negotiorum Gestio’ 1

(p.99) 10 The Continental Doctrine of ‘Negotiorum Gestio1
Altruism in Private Law

Jeroen Kortmann

Oxford University Press

This chapter contains an introductory account of the basic scope and meaning of the doctrine of negotiorum gestio. It should again be stressed that it is not here intended to describe the doctrine in all its details, or to give a full report of the ways in which an intervener might recover in the continental systems here discussed. Instead, the purpose of this chapter is merely to illustrate how a general principle allowing necessitous interveners to recover — negotiorum gestio — operates within a modern legal system. Thus, this chapter does not contain any discussion of, for example, the intervener's possible claims in contract or tort, nor of the specific provisions in the German civil code entitling the finder of lost goods to reimbursement of his expenses as well as a reward.

Keywords:   doctrine, negotiorum gestio, continental systems, interveners, reimbursement

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