Civil Procedure

Actio Negotiorum Gestorum

A claim arising from negotiorum gestio — managing another's affairs without authority in an emergency. The unauthorised manager can claim reimbursement if they acted reasonably and in the principal's interest.

Legal Definition

Negotiorum gestio (management of another's affairs) arises when a person (gestor) manages another's affairs without being authorised to do so, typically in an emergency. The actio negotiorum gestorum allows the gestor to claim reimbursement of reasonable expenses from the person whose affairs were managed (dominus negotii), provided the gestor acted usefully and in good faith. It also creates an obligation for the dominus to ratify or complete the transaction.

📖 Constitutional / Statutory Basis: Section 34 (access to courts)

Practical Example

Your neighbour's house catches fire while they are overseas. You pay a contractor R15,000 to prevent the fire spreading and to secure the property. You can claim reimbursement from your neighbour under actio negotiorum gestorum.

Frequently Asked Questions

Can a person profit from negotiorum gestio in South Africa?

No — the gestor can only claim reimbursement for reasonable, necessary expenses. They cannot claim a fee for their services unless there was an express agreement.

Is negotiorum gestio the same as unjust enrichment in South Africa?

They overlap but are distinct. Negotiorum gestio specifically concerns acting on another's behalf in an emergency. Unjust enrichment (condictio) applies more broadly when one person is enriched at another's expense without a legal cause.

Related Terms

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