Acta Universitatis George Bacovia. Juridica - Volume 4. Issue 1/2015 - http://juridica.ugb.ro/ - Ionel BOSTAN Adrian STOICA = ISSN 2285-0171 ISSN-L=2285-0171 The Management of Business in the New Civil Code Ionel BOSTAN, Ph.D Stefan cel Mare University Suceava, Romania ionel_bostan@yahoo.com Adrian STOICA, Ph.D Ovidius University Constanta, Romania stoica-constantin@xnet.ro Abstract: One of the most important lawful legal actions generating obligations is represented by the management of business. In Roman law, this institution was called negotium gestio and it was entailing mutual actions between its parties. For example, if a person dealt with another person’s business, in the absence thereof, there were born reciprocal actions between them: the person whose businesses were administered (principal or dominus negotii) had direct action, and the person who administered them (gestor) had the contrary action. However, the new provisions of civil substantive law from our country consecrate to this civil legal action a much more modern and judicious regulation. It is noteworthy, in particular, that the contemporary civil legislator tried to determine its specific conditions, consecrating, in this respect, several provisions incident to the parties and to their actions. However, the effects of business management present a particular interest in the light of the parties' obligations; equally, we are going to identify a special component of this institution known as the management ratification by the principal. Through the management ratification by the principal, the legislator has compared the management of business with the mandate. Keywords: obligations; management of business; gestor; principal; acts. J.E.L. Classification: K49 1. Preliminaries on the management of business in the new Civil Code [1] The management of business (negotiorum gestio) takes place when a person (gestor), without being required or by virtue of a (legal or judicial) mandate, voluntarily and timely conducts another person’s business (principal), who does not know about the existence of these facts or who, knowing about them, is unable to appoint a trustee or to take care of his/her business in a different way [art. 1330, para. (1), NCC]. For example, a person performs certain urgent repairs to the neighbor’s building and the neighbor is not present; or someone pays for his/her friend’s funeral expenses, without knowing the heirs. The management of business can be defined as the voluntary performance by a person (gestor) of certain necessary administration or disposition material or legal acts, provided that they are appropriate, necessary and useful to another person (principal). From this perspective, we continue the presentation of our study by revealing some theoretical aspects that highlight, on the one hand, the good regulation of the business management institution in the current system of substantive law and, on the other hand, its social importance. 2. Specific conditions of the management of business From this definition, we trigger the following specific conditions of business management: A) Conditions specific to the parties to the management of business. Within the legal fact of business management, there are always two parties, namely: the gestor (a) and the principal (b).