Benevolent Intervention in Another's Affairs: (PEL Ben. Int.)

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sellier. european law publ., 2006 - Law - 417 pages
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The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.
 

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Contents

Text of Articles
3
106 Authority of Intervener to Act in the Name of the Principal
5
Dutch
9
Finnish
15
German
21
Latvian
33
Portuguese
39
Spanish
45
101
114
Multiple principals
115
No requirement of preexisting legal relationship
116
Some guidance in the following rules
117
Overriding public interest
118
The intervener is unable to contact the principal
119
Contacting the principal can in itself amount to a justified negotiorum gestio
120
Actual knowledge of the contrary wishes of the principal
121

Introduction
53
Clarification of the interveners duties
59
Clarification of the interveners rights
60
Interveners power of representation
61
Øïߌçóç ƺºïôæßøí
62
Management of anothers affair in the mistaken belief it is ones own
63
Applied Negotiorum Gestio 30 General
64
Property law
65
Contract law
66
Further examples
67
Convention dassistance
68
Juridical acts and mere conduct
69
Acts contrary to law or bonos mores
70
Megbízµs nØlküli ügyvitel
71
The relationship to the law of unjustified enrichment
72
G The Practical Relevance of the Law of Benevolent Intervention in the Codified Systems of Continental Europe 48 Different starting points
73
Agency of necessity
74
Commercial Code Ch 18 10 and Scandinavian consumer protection statutes
75
Power of representation between spouses
77
Exceptions from the general rule that expenses incurred for the interest of another are not compensable if there is no underlying duty to perform
78
Gratuitous agents
79
Agency by agreement und agency by ratification
80
Necessity
81
Restriction of the scope of application to specific categories of cases
82
Excess of authority
83
Bailment
84
The legal position of the bailee
85
Unjustified enrichment
86
Money paid to the defendants use
87
K International law and European law 77 Admiralty law
88
European Community law
89
Necessary amendments of contract and unjustified enrichment law
90
No resuscitation of the law of quasicontracts
91
Exclusion of public law
92
Right of recourse and reduction of claim
93
Limitation to justified interventions in anothers affairs
94
Contribution between joint debtors property law
95
The structure of these Principles
96
Required objective elements
97
Duties of the intervener
98
Rights of the intervener
99
Scope of Application
101
Protection of the principal against officious intermeddling in his affairs
102
Negotiorum gestio as a defence within the framework of the law of tort
103
B The Activities Covered 8 Acting for another
104
Actions contrary to law or public policy
105
Acts of a personal nature excluded
106
The Intention Predominantly to Benefit Another Para 1
107
No possibility of approval for acts undertaken for own benefit
108
Acting in pursuance of a void contract
110
general observations
111
PECL Part III Chapter 10
112
Where the principal is unknown to the intervener
113
Acting in ignorance of the principals wishes but without negligent failure to heed them
122
An important case
123
All other requirements of para 1 remain unaffected
124
The Activities Covered
128
Act on Anothers Behalf and the Intention to Benefit Another
134
The Preponderance of the Intention to Benefit Another Simultaneous Pursuit of Ones Own Interests
139
Performance on the Basis of a Void Contract for Services
144
The Principal
147
Gestione dAffari Altrui
150
The Concept of Reasonable Ground an its Equivalents
152
the Duty to Ascertain the Principals Wishes
158
Ratification by the Principal
163
Burden of Proof
170
102 Intervention to Perform Anothers Duty
173
B Intervention Urgently Required in Overriding Public Interest 4 Overriding public interest
174
Performance must be due
175
1011
176
103 Exclusions
186
independently of the principals consent
192
Contributions Between Joint Debtors
199
Other Powers of Intervention
204
Acts Done to Discharge an Obligation to a Third Party
207
Duties of Intervener
211
The second Chapters scope of application
212
Compliance with the Principals Wishes limb b 8 Specification of the general duty of care
213
The Duty to Inform limb c
214
Content of the information required
215
Achievement of the desired object
216
Uselessness
217
The General Duty to Take Reasonable Care
218
The Duty to Orientate the Exercise of Care According
220
The Duty to Continue the Intervention
227
102 Duties after Intervention
229
Lack of full legal capacity
233
Intervener without Full Legal Capacity
240
103 Reparation for Damage Caused by Breach of Duty
242
B General Limits to Liability for Defective Execution of
243
Liability for Others Multiple Gestors
249
Rights and Authority of Intervener
257
Expenditure whether of money of other assets
260
102 Right to Remuneration
268
Quantum of Remuneration
275
103 Right to Reparation
276
General limits of the principals liability
278
104 Reduction or Exclusion of Interveners Rights
284
Reduction of Liability on Grounds of Equity
292
106 Authority of Intervener to Act in the Name
297
Tables of Codes and Statutes
343
Table of UK and Irish Cases
365
Table of Treaties and Enactments of the European Union
379
Index
393
Copyright

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About the author (2006)

Christian von Bar is Chairman of the Study Group for a European Civil Code at the European Legal Studies Institute, University of Osnabruck

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