Экзамен зачет учебный год 2023 / Breccia, Tenancy Law Italy

If N’s activity is considered to be a case of ‘negotiorum gestio’(2028 cc), he/she will have a claim against T for expenses arising out of N opening the apartment door. T, on the other hand, can claim for damages if N has acted without observing due diligence (art. 2030 cc).

If, however, the case is not considered to be one of ‘negotiorum gestio’, N has acted unlawfully, and T can claim for damages according to the general rule under art. 2043 cc.