Tripartite Relationships in the Law of Negotiorum Gestio
What happens when someone acts without permission on behalf of another – and third parties are affected? Midas Kempcke, doctoral researcher at the Max Planck Institute for Legal History and Legal Theory, explores this intricate legal scenario in his PhD project on interventions with external effects in the law of negotiorum gestio.
At the heart of his research lies a classic yet unresolved problem in private law: when an unauthorized intervenor enters the interest sphere of a principal and concludes contracts with third parties, who is legally bound? Is the contract valid only between the intervenor and the third party, or can it also establish obligations for the principal? And under what conditions would this be legally permissible?
Kempcke systematically compares how German law, other jurisdictions, historical legal systems, and harmonisation efforts have addressed such tripartite constellations. He then evaluates these frameworks in light of the involved parties’ interests. Finally, he employs doctrinal analysis to test whether an interest-sensitive and coherent solution can be integrated into German law. His project offers new insights into a foundational but underexplored aspect of legal responsibility and third-party effects in unauthorized agency.