- gestor
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(Law) a manager of anothers affairs.
his quasi- contractual relationship was brought about where the gestor, acting without a mandate, rendered a service to the dominus - in this instance the debtor - and in doing so acted reasonably and in the interest of the dominus with the intention not only of administering the affairs of the dominus but also of being compensated for such administration. This action fell away if the gestor did not intend to serve the dominus, ie the gestor mistakenly thought he was administering his own affairs or made payment of a debt sui lucri causa. There is a basic difference between the gestores in these two instances. In the first the gestor acted bona fide, but in the mistaken belief that he was serving the dominus. In the latter instance he acted mala fide in his own interest. These two classes of gestor can be described respectively as the bona fide gestor and the mala fide gestor. Neither of them could sue as negotiorum gestoris as neither had the intention to serve the dominus. If, however, the dominus had been enriched at their expense they were each given the right to recover from the dominus on the grounds of unjust enrichment. The bona fide gestor in terms of D 3.5.48 and D 12.1.23 and the mala fide gestor in terms of D 3.5.5.5.(6.3) which provides:
Wikipedia foundation.
