This document discusses the legal principles of negotiorum gestio, or the management of another person's affairs without authorization. It provides that an officious manager who voluntarily takes charge of another's property or business is obligated to continue management until the owner can take over or appoint a substitute. The manager must act with diligence and is liable for damages caused by fault or negligence. The owner is also liable if they accept the benefits of the management, even if unauthorized initially. An officious manager is personally liable for contracts entered into during management. The management relationship ends if the owner repudiates it, the manager withdraws, or either party dies or becomes incapacitated.
This document discusses the legal principles of negotiorum gestio, or the management of another person's affairs without authorization. It provides that an officious manager who voluntarily takes charge of another's property or business is obligated to continue management until the owner can take over or appoint a substitute. The manager must act with diligence and is liable for damages caused by fault or negligence. The owner is also liable if they accept the benefits of the management, even if unauthorized initially. An officious manager is personally liable for contracts entered into during management. The management relationship ends if the owner repudiates it, the manager withdraws, or either party dies or becomes incapacitated.
This document discusses the legal principles of negotiorum gestio, or the management of another person's affairs without authorization. It provides that an officious manager who voluntarily takes charge of another's property or business is obligated to continue management until the owner can take over or appoint a substitute. The manager must act with diligence and is liable for damages caused by fault or negligence. The owner is also liable if they accept the benefits of the management, even if unauthorized initially. An officious manager is personally liable for contracts entered into during management. The management relationship ends if the owner repudiates it, the manager withdraws, or either party dies or becomes incapacitated.
This document discusses the legal principles of negotiorum gestio, or the management of another person's affairs without authorization. It provides that an officious manager who voluntarily takes charge of another's property or business is obligated to continue management until the owner can take over or appoint a substitute. The manager must act with diligence and is liable for damages caused by fault or negligence. The owner is also liable if they accept the benefits of the management, even if unauthorized initially. An officious manager is personally liable for contracts entered into during management. The management relationship ends if the owner repudiates it, the manager withdraws, or either party dies or becomes incapacitated.
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CHAPTER 1: Quasi-contracts (1) If he undertakes risky operations which the
owner was not accustomed to embark upon;
Article 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of (2) If he has preferred his own interest to that of quasi-contract to the end that no one shall be the owner; unjustly enriched or benefited at the expense of another. (n) (3) If he fails to return the property or business after demand by the owner; Article 2143. The provisions for quasi-contracts in this Chapter do not exclude other quasi-contracts (4) If he assumed the management in bad faith. which may come within the purview of the (1891a) preceding article. (n) Article 2148. Except when the management was SECTION 1: Negotiorum Gestio assumed to save property or business from imminent danger, the officious manager shall be Article 2144. Whoever voluntarily takes charge of liable for fortuitous events: the agency or management of the business or property of another, without any power from the (1) If he is manifestly unfit to carry on the latter, is obliged to continue the same until the management termination of the affair and its incidents, or to (2) If by his intervention he prevented a more require the person concerned to substitute him, if competent person from taking up the the owner is in a position to do so. This juridical management. (n) relation does not arise in either of these instances: Article 2149. The ratification of the management by the owner of the business produces the effects (1) When the property or business is not of an express agency, even if the business may neglected or abandoned; not have been successful. (1892a) (2) If in fact the manager has been tacitly Article 2150. Although the officious management authorized by the owner. may not have been expressly ratified, the owner In the first case, the provisions of articles 1317, of the property or business who enjoys the 1403, No. 1, and 1404 regarding unauthorized advantages of the same shall be liable for contracts shall govern. obligations incurred in his interest, and shall reimburse the officious manager for the In the second case, the rules on agency in Title X necessary and useful expenses and for the of this Book shall be applicable. (1888a) damages which the latter may have suffered in the performance of his duties. Article 2145. The officious manager shall perform his duties with all the diligence of a good father of The same obligation shall be incumbent upon him a family, and pay the damages which through his when the management had for its purpose the fault or negligence may be suffered by the owner prevention of an imminent and manifest loss, of the property or business under management. although no benefit may have been derived. (1893) The courts may, however, increase or moderate the indemnity according to the circumstances of Article 2151. Even though the owner did not each case. (1889a) derive any benefit and there has been no imminent and manifest danger to the property or Article 2146. If the officious manager delegates to business, the owner is liable as under the first another person all or some of his duties, he shall paragraph of the preceding article, provided: be liable for the acts of the delegate, without prejudice to the direct obligation of the latter (1) The officious manager has acted in good faith, toward the owner of the business. and
The responsibility of two or more officious (2) The property or business is intact, ready to be managers shall be solidary, unless the returned to the owner. (n) management was assumed to save the thing or business from imminent danger. (1890a) Article 2152. The officious manager is personally liable for contracts which he has entered into with Article 2147. The officious manager shall be liable third persons, even though he acted in the name for any fortuitous event: of the owner, and there shall be no right of action between the owner and third persons. These provisions shall not apply:
(1) If the owner has expressly or tacitly ratified
the management, or
(2) When the contract refers to things pertaining
to the owner of the business. (n)
Article 2153. The management is extinguished:
(1) When the owner repudiates it or puts an end
thereto;
(2) When the officious manager withdraws from
the management, subject to the provisions of article 2144;
(3) By the death, civil interdiction, insanity or
insolvency of the owner or the officious manager. (n)
