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Justinian I · The Digest of Justinian §3.5.2.pr

Negotiorum Gestio for an Absent Party and Mutual Actions

Passage 573 of 9271 · Latin

Summary

Gaius discusses the "management of affairs" (negotiorum gestio) conducted for an absent person, explaining that if the management was useful, reciprocal actions arise, generating mutual rights and liabilities.

[GAIUS libro tertio ad edictum prouinciale. ] §3.5.2.prSi quis absentis negotia gesserit licet ignorantis, tamen quidquid utiliter in rem eius impenderit uel etiam ipse se in rem absentis alicui obligauerit, habet eo nomine actionem: itaque eo casu ultro citroque nascitur actio, quae appellatur negotiorum gestorum.
[GAIUS, on the Provincial Edict, book 3.] If anyone has managed the affairs of an absent person, even if the latter is unaware of it, nevertheless, for whatever he has usefully expended on his property, or even if he has himself bound himself to someone else on behalf of the property of the absent person, he has an action on that account; therefore in that case an action arises on both sides, which is called the action for business managed.
et sane sicut aequum est ipsum actus sui rationem reddere et eo nomine condemnari, quidquid uel non ut oportuit gessit uel ex his negotiis retinet: ita ex diuerso iustum est, si utiliter gessit, praestari ei, quidquid eo nomine uel abest ei uel afuturum est.
And indeed, just as it is fair that he himself should render an account of his conduct and be condemned on that account for whatever he either did not manage as he ought to have done, or retains from these transactions; so on the other hand it is just, if he managed usefully, that there should be made good to him whatever on that account is either missing from him or will be missing.

Notes

  1. §3.5.2.prlicet ignorantis — ignorantis is a present participle in the genitive case agreeing with absentis. licet acts as a conjunction introducing a concessive clause; here, combined with the participle, it means 'even if (the absent person) is unaware'. This indicates that the management of affairs (negotiorum gestio) can be established even without the principal's knowledge or authorization.
  2. §3.5.2.prultro citroque — An adverb meaning 'to and fro' or 'on both sides'. In legal terminology, it denotes reciprocity or bilateral obligations. Here, it indicates that reciprocal actions arise, namely the direct action (actio directa) by the principal against the manager, and the contrary action (actio contraria) by the manager against the principal.
  3. §3.5.2.prquidquid uel non ut oportuit gessit uel ex his negotiis retinet — A relative clause depending on condemnari (passive infinitive), forming part of the logical subject of the impersonal expression aequum est. The relative pronoun quidquid (accusative or nominative) directly follows condemnari, specifying the objects or matters for which the manager is to be condemned. The correlative uel... uel... juxtaposes two kinds of liability: managing improperly and retaining profits from the transactions.

Cite this passage

Justinian I, The Digest of Justinian §3.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.2.pr

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