Suchergebnisse

All continental European laws recognise provisions on actions performed without due authority. These provisions stipulate that in principle noone may intervene in the affairs of others, although from time to time it is socially desirable for third parties to assist in the affairs of those who cannot safeguard their own interests themselves. Deppenkemper gives an account of the historical, economic and sociological backgrounds behind these regulations and their continuing effects in the current laws and in the DCFR (Draft Common Frame of Reference). Numerous bibliographical references bring together authors from very different periods and places of judicial expertise for debate. In this way, Deppenkemper creates a new, solid foundation for discussion on common starting points for a European law of negotiorum gestio.

Forma part de la col·lecció: Documents de treball per a la Carta Municipal; 4 ; Digitalitzat per Artyplan per encàrrec del Servei de Documentació i Accés al Coneixement (SEDAC)

Negotiorum gestio is originally a civil law concept. When an intervenor acts on behalf of, and for the benefit of, the principal without the prior consent of the principal, the intervenor is entitled to reimbursement of expenses. The concept of negotiorum gestio can provide a legal basis for it. Does the concept exist in international law? Although negotiorum gestio is rarely referred to in international law and its legal status is unclear, we can find it in some treaties like salvage conventions as well as some diplomatic practices like the reimbursement of expenses arising from the assistance to abate and prevent environmental damage to the Gulf after the Gulf War in the framework of the United Nations Compensation Commission. Moreover, the application of the concept of negotiorum gestio is indispensable for addressing planetary level crisis such as space debris and planetary defense. Even if international cooperation is difficult due to geopolitical situations, voluntary actions by a State acting in good faith to mitigate the crisis should be promoted. Negotiorum gestio can be the legal basis of such actions.