E-ISSN 2281-4612
ISSN 2281-3993
Academic Journal of Interdisciplinary Studies
www.richtmann.org
Vol 10 No 6
November 2021
295
.
Research Article
© 2021 Sevdai Morina and Endri Papajorgji.
This is an open access article licensed under the Creative Commons
Attribution-NonCommercial 4.0 International License
(https://creativecommons.org/licenses/by-nc/4.0/)
Received: 6 October 2021 / Accepted: 1 November 2021 / Published: 5 November 2021
Acting on Behalf of Another Without Consent as a Source of the
Right of Obligations in the Republic of Kosovo
Ass. Prof. Dr. Sevdai Morina
University of Business and Technology,
Kosovo
Assoc. Prof. Dr. Endri Papajorgji
Dean, Faculty of Law,
Tirana Business University,
Albania
DOI: https://doi.org/10.36941/ajis-2021-0173
Abstract
In life, it often happens that humans take different actions on different occasions to save man or his wealth.
These actions can be taken when there is a need to protect the integrity of man and his wealth, both
individual and social wealth. Man performs these actions morally and without any institutional obligation.
Man does the action without consent in order to save one's life or another's wealth. There is a need for such
an action, because everyone sometimes in certain cases needs mutual help. With these behaviors of people, it
is seen that they do not take these actions out of legal obligation, but act and should act with the
consciousness and conscience of the civilized man. People who do this are driven by the need for cooperation,
humanity, existence at the expense of the other, namely society. A person performs this action by
perpetrating the work of another without consent for any other person. Hence, they undertake some factual
and legal action for the other, sacrificing something that can be the property value and their bodily integrity.
Sometimes this action must be taken because there are actions that cannot be postponed, therefore someone
should take an action in such situations even when uninvited. Consequently, the subject matter analyzed in
this paper is the act of perpetration of the work of another without consent as a source of the right of
obligations in the Republic of Kosovo.
Keywords: work, without consent, gestor, principal, right, obligations
1. Introduction
There is a general and traditional rule that no one can do someone else's work. There are exceptions
to this rule because in some cases it is allowed for a person to perform someone else's work with his
actions. This should happen especially in situations when the action to be performed does not
tolerate procrastination and must be performed urgently. The exception to the rule "that no one can
do the work of another" derives from the legal obligation according to which every citizen must
provide assistance to another citizen or society if the circumstances of the case allow it and require it.