| Abstract [eng] |
Summary Benevolent Intervention in Another’s Affair The author of this paper aims to analyze legal concept of benevolent intervention in another’s affair. Comparative study of many foreign countries is carried out covering legal systems of Austria, Germany, and Switzerland while comparing them with stipulation of this matter in Lithuanian legal system. The beginning of this legal concept can be found in Romanian times. It used to be called negotiorum gestio and was one of the grounds for inducing legal obligation. This obligation was considered as quasi-contract, which means that it emerged from a contract. This obligation emerged when an intervener acted without authorization or procurement. To describe this institute the name negotiorum gestio is often used to emphasize the Romanian origins of this legal concept. Author analyze the genesis of this institution in Austria, Germany, Switzerland as well as in Lithuania from the foundation of the legal concept of negotiorum gestio in the legal systems of fore mentioned countries to the later development until recent times. The substantial differences can be noticed in all legal systems analyzed within the scope of negotiorum gestio. Lithuania, Switzerland and Austria legal stipulation of this institution is narrow, while in Germany it is covered more extensively. The former group of countries considers negotiorum gestio applicable only in case of disagreement between intervener and principal. If the principal approves the actions of intervener it is being considered as a matter of procurement laws while in Germany the ex post consent does not change much. The action of one person requires certain grounds to fulfill to be recognized as negotiorum gestio: a) intervener has to act; b) to perform another’s man duty; c) intervener has to understand that he is acting to perform another’s man duty and he has want to act this way; d) no authorization or consent to act is received from the principal. The author goes after different of legal systems to reveal how each single ground is being perceived. The author considers the claims arising of benevolent intervention in another’s affairs next. Intervener has a right to file a claim against the principal for indemnification or reimbursement or reparation. The principal has the right against the intervener to claim reparation for damaged caused by breach of duty or by acting against the will of the principal. Not only is the grounds for the claims within the purview of rights are arising from the stipulation of this institution, but also content of the claims being considered. The next chapter of this thesis is devoted for research on the matter of “unapplied” benevolent intervention in another’s affairs. “Unapplied” negotiorum gestio is considered to be the kind of this legal concept when the intervener does not want or understand the meaning of his actions in a way that he is performing another’s man duty. In the last chapter author determines the position of the Law of Benevolent Intervention within the legal system and also compares it with other branches of law (contract law, tort law, unjustified enrichment). |
