Die Geschäftsführung ohne Auftrag als Subordinationsverhältnis

Three legal institutions are concealed behind the standard heading negotiorum gestio (benevolent intervention in another's affairs), all of which could scarcely differ more in the nature of their interests. In spite of tentative approaches of the glossators this structural trichotomy of the law of negotiorum gestio has not been seen up to now. Instead of this, there was an obsession with the standard concept of the objective affairs of another which evens out the existing inconsistencies and enforces inappropriate values of the law of unjustified enrichment in the law of negotiorum gestio. This has resulted in the current crisis in negotiorum gestio, in which the Anglo-American model is increasingly being used to demand the abolition of the negotiorum gestio as an independent institution. Andreas Bergmann counters with a new concept for the benevolent intervention in another's affairs as an independent legal institution.