Negotiorum Gestio As a Source of Obligation: From Roman Law to Modern Codes

Baha Yiğit Sayın

Makale detayları

Negotiorum Gestio As a Source of Obligation: From Roman Law to Modern Codes

Yazarlar:

Baha Yiğit Sayın

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 73, pp.261-325

Belge Tipi:

Makale

Yayın Tarihi:

11/2023

Belge Dili:

İngilizce

Document ID (Org No.):

2001304131

pISSN:

0578-9745

Anahtar kelimeler:

Özet:

 The legal institution of Negotiorum Gestio refers first and foremost to the act of helping or aiding someone in need, typically with the intention of doing good or promoting the well-being of the recipient. This concept has a long history, with roots in Roman law and its diversified influence on modern legal systems. In this article, we explore the evolution of negotiorum gestio from its origins in Roman law to its current manifestation in modern civil codes while providing an examination of how the concept has been defined, understood, and applied within Roman law over time as well as of its long journey through out ius commune to the modern codification era. Being a strictly Roman law institution, the prevalent incorporation of negotiorum gestio into the codes of the civil law jurisdiction as well as its designation as one of the sources for non-contractual obligations under the harmonized rules of EU Rome II Regulation calls for a close-in analysis of this originally Roman concept which will shed light on the degrees of the evolution, transformation and reception it had experienced while helping to make sense of its current state in modern civil law.

 The legal institution of Negotiorum Gestio refers first and foremost to the act of helping or aiding someone in need, typically with the intention of doing good or promoting the well-being of the recipient. This concept has a long history, with roots in Roman law and its diversified influence on modern legal systems. In this article, we explore the evolution of negotiorum gestio from its origins in Roman law to its current manifestation in modern civil codes while providing an examination of how the concept has been defined, understood, and applied within Roman law over time as well as of its long journey through out ius commune to the modern codification era. Being a strictly Roman law institution, the prevalent incorporation of negotiorum gestio into the codes of the civil law jurisdiction as well as its designation as one of the sources for non-contractual obligations under the harmonized rules of EU Rome II Regulation calls for a close-in analysis of this originally Roman concept which will shed light on the degrees of the evolution, transformation and reception it had experienced while helping to make sense of its current state in modern civil law.

 The legal institution of Negotiorum Gestio refers first and foremost to the act of helping or aiding someone in need, typically with the intention of doing good or promoting the well-being of the recipient. This concept has a long history, with roots in Roman law and its diversified influence on modern legal systems. In this article, we explore the evolution of negotiorum gestio from its origins in Roman law to its current manifestation in modern civil codes while providing an examination of how the concept has been defined, understood, and applied within Roman law over time as well as of its long journey through out ius commune to the modern codification era. Being a strictly Roman law institution, the prevalent incorporation of negotiorum gestio into the codes of the civil law jurisdiction as well as its designation as one of the sources for non-contractual obligations under the harmonized rules of EU Rome II Regulation calls for a close-in analysis of this originally Roman concept which will shed light on the degrees of the evolution, transformation and reception it had experienced while helping to make sense of its current state in modern civil law.

 The legal institution of Negotiorum Gestio refers first and foremost to the act of helping or aiding someone in need, typically with the intention of doing good or promoting the well-being of the recipient. This concept has a long history, with roots in Roman law and its diversified influence on modern legal systems. In this article, we explore the evolution of negotiorum gestio from its origins in Roman law to its current manifestation in modern civil codes while providing an examination of how the concept has been defined, understood, and applied within Roman law over time as well as of its long journey through out ius commune to the modern codification era. Being a strictly Roman law institution, the prevalent incorporation of negotiorum gestio into the codes of the civil law jurisdiction as well as its designation as one of the sources for non-contractual obligations under the harmonized rules of EU Rome II Regulation calls for a close-in analysis of this originally Roman concept which will shed light on the degrees of the evolution, transformation and reception it had experienced while helping to make sense of its current state in modern civil law.

Makale detayları

Negotiorum Gestio As a Source of Obligation: From Roman Law to Modern Codes

Yazarlar:

Baha Yiğit Sayın

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 73, pp.261-325

Belge Tipi:

Makale

Yayın Tarihi:

11/2023

Belge Dili:

İngilizce

Document ID (Org No.):

2001304131

pISSN:

0578-9745

Negotiorum Gestio

Actio Negotiorum Directa

Actio Negotiorum Contra

Genuine Negotiorum Gestio

Non-Genuine Negotiorum Gestio

Mandate

Sayı

Makale detayları

Negotiorum Gestio As a Source of Obligation: From Roman Law to Modern Codes

Yazarlar: Baha Yiğit Sayın

Yayıncı: Istanbul University

Ana Başlıklar: Law in Context (Other)

Dergi: Annales de la Faculté de Droit d’Istanbul Issue 73, pp.261-325

Belge Tipi: Makale

Yayın Tarihi: 11/2023

Belge Dili: İngilizce

Document ID (Org No.): 2001304131

pISSN: 0578-9745

Negotiorum Gestio

Actio Negotiorum Directa

Actio Negotiorum Contra

Genuine Negotiorum Gestio

Non-Genuine Negotiorum Gestio

Mandate

Sayı

Yazarlar:

Baha Yiğit Sayın

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 73, pp.261-325

Belge Tipi:

Makale

Yayın Tarihi:

11/2023

Belge Dili:

İngilizce

Document ID (Org No.):

2001304131

pISSN:

0578-9745