Negotiorum gestio

Being accepted as one of the resources of a debt relationship, negotiorum gestio is regulated to cover cases where a person acts in favour of another and also of himself. However, when closely examined at the reasons why this legal institution has arisen in the first place, the benevolent intervention in another's affairs in fact lies at the root of negotiorum gestio. In order for negotiorum gestio to arise, an affair should be managed; there should be another's affairs to be managed; the gestor should act with the intention of benefiting another and lastly the gestor should manage this affair without authority or obligation. Apart from these general elements, a special legal debt relationship is established with the occurrence of two specific elements. These two specific elements are that the management of the affair should not be contrary to the intervention ban of the principal and that the conduct of the affair should be necessary for the principal. As a result of this special debt relationship, legal consequences very similar to contracts arise. In consequence of negotiorum gestio where both general and specific elements occur, it is aimed on one hand that the gestor remains unharmed and on the other hand that the principal remains protected from undesirable interventions. The management of the affair having both general and specific elements is considered as a justifiable intervention. The legal consequences of negotiorum gestio resemble the contract of mandate. While determining the effects and consequences of negotiorum gestio, the provisions of mandate are often referred. The principal can approve negotiorum gestio later. In this case, the provisions of mandate apply by analogy to the relationship between the principal and the gestor retrospectively.