Negotiorum gestio and performance against will of dominus

Abstract

Within the bounds of the presented article, we will talk about one of the most essential, although very problematic issues in the world civil law, such as “Negotiorum Gestio” (which can be translated as “management of affairs without mandate“).  There exist many different views in the world law literature regarding this institution. The legislation of some countries recognizes and puts “Negotiorum Gestio” into practice, although there are some, including Georgian legislation, where this system remains on a doctrinal level only and that makes it less utilized in judicial practice. Due to this problem, the main accent of the paper will be on all the problems, on the basis of which stated institution couldn’t establish in practice. In accordance with that, in order to highlight the problematic nature of the stated issue, we used systematic research method as well as a comparative-legal method and set Georgian and German judicial practice off against each other regarding Negotiorum Gestio.