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When a person spontaneously assumed the management of the affairs of another in his absence, and without any mandate, this was called negotiorum gestio, and the person was bound to perform any act which he had begun, as if he held a proper mandate, and strictly account for his management, while the principal was bound to indemnify him for all advances and expenses.
The higher obligations may be formulated in different ways for the State, and so as to respond to individual degrees of culture attained by a growing general power of comprehension. The gestio is intended to work for the good of the dominus the people, to whom the gestor himself belongs. The gestor administers property of which he is joint-owner.
Some legal basis is indispensable to explain the somewhat oppressive relationship in which subjects occasionally stand to rulers. I believe it is to be found in the negotiorum gestio, wherein the body of citizens represents the dominus negotiorum, and the government represents the gestor. The Romans, with their marvellous sense of justice, produced that noble masterpiece, the negotiorum gestio.
The gestor thus becomes answerable for every form of negligence, even for the failure of business undertakings, and the neglect of such affairs as are intimately connected with them, etc. I shall not further enlarge on the negotiorum gestio, but rather leave it to the State, else it would take us too far from the main subject.
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