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Actio Negotiorum Gestorum

Defined in 3 dictionaries — Cyclopedic (1922), Black's (1891), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In the civil law. An action upon, or on account of, business done. An action given in cases where a person transacted the business of another during his absence (cum quia negotia ahsentis gesserit), or without a commission or authority (sine mandato). Inst. 3. 28. This was of two kinds — a direct action, which lay for the person whose business had been transacted, against him who had transacted it (domino rei gestae adversus eum qui gessit), and a cross action, which lay for the negotiorum gestor, as he was called against the other. Id.; Heinec. Elem. Jur. Civ. lib. 3, tit. 28, §1 973, 974. See "Negotiorum Gestio." This action is enumerated by Bracton and Pleta among actions arising quasi ex contractu, or ex quasi contractu. Bracton, fol. 100b; Fleta, lib. 2, c. 60, § 1. ACTIO NOMINATAE (Lat. a named action).

In English law. A writ for which there was a precedent in the English chancery prior to St. 13 Edw. 1, (Westminster II.) c. 34. The clerks would make no writs except in such actions prior to this statute, according to some accounts. 17 Serg. & R. (Pa.) 195. See "Action;" "Case."

A Dictionary of Law

Henry Campbell Black · 1891

In the civil law. Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transaction of business for another.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

In the civil law. An action upon, or on account of btutMSS done. An action given in cases where a person transacted the business of another during his absence, {cum quis negotia absentis gesserit,) or without a commission, or authority, {nne tnandato.) Inst. 3. 28. 1. This was of two kinds; a direct action, which lay for the person whose business had been transacted, against him who had transacted it, {domino ret gestce adversus eum qui gessit,) and a cross action, which lay for the negotiorum gestor, as he was called, against the other. Id, ibid. Heinecc. Elem. hb. 3, tit. 28, §§ 973, 974. See Negotiorum gestor. •