Zaakwaarneming

Negotiorum gestio arises where a person manages the affairs of another without any prior agreement or mandate, for example in the absence or incapacity of the party concerned. The gestor acts on their own initiative in the interests of the other and must do so with due care.

The statutory regime is set out in Articles 6:198 to 6:202 of the Dutch Civil Code. The gestor is entitled to reimbursement of expenses incurred and may claim a reasonable remuneration, while the principal is obliged to discharge those sums. At the same time, the gestor is required to render an account.

In practice, negotiorum gestio occurs chiefly in urgent situations, such as preventing damage to property or taking measures when the owner cannot be reached. It provides a legal framework that prevents unjust enrichment and protects both the acting party and the interested party.