CIVIL ACT (PART III CLAIMS) [See entire ACT]

CHAPTER III MANAGEMENT OF AFFAIRS

Article 734 (Definition of Management of Affairs)

(1) A person who manages affairs on behalf of another without being bound to do so shall conduct that management in the manner most advantageous to the principal according to the nature of such affairs.
(2) If a manager knows or should have known the intention of the principal, he shall conduct the management in conformity with the intention of the principal.
(3) If a manager has managed the affairs in violation of paragraphs (1) and (2), he shall be liable for the damages caused thereby even if he was not guilty of negligence:Provided, That if his act of management conforms to the public interest, he shall not be liable for damages unless he was grossly negligent.

Article 735 (Management of Affairs in Urgency)

If a manager has managed the affairs in order to protect the principal against an imminent danger to the latter’s life, person, reputation or property, he shall not be liable for any damages caused thereby, unless he acted wilfully or with gross negligence.

Article 736 (Manager’s Duty to Give Notice)

A manager shall give notice to the principal without delay when he has commenced to manage his affairs:Provided, That this shall not be the case where the principal is already aware thereof.

Article 737 (Manager’s Duty to Continue Management)

A manager shall continue the management until the principal, his successor or his agent by law is in a position to manage the affairs:Provided, That this shall not be the case, if it is evident that such a continuance would be against the intention of the principal or would be prejudicial to the principal’s interests.

Article 738 (Provisions to be Applied Mutatis Mutandis)

The provisions of Articles 683 through 685 shall apply mutatis mutandis to management of affairs.

Article 739 (Manager’s Right to Demand Reimbursement of Expenses)

(1) If a manager has defrayed any necessary or useful expenses on behalf of the principal, he may demand reimbursement thereof from the principal.
(2) When a manager has assumed on behalf of the principal an obligation which is necessary or beneficial to the latter, the provisions of Article 688 (2) shall apply mutatis mutandis.
(3) If a manager manages the affairs against the principal’s intention, the provisions of paragraphs (1) and (2) shall apply mutatis mutandis only to the extent of the principal’s present enrichment.

Article 740 (Manager’s Right to Claim for Indemnification Suffered without Negligence)

When a manager has suffered loss caused not by his own negligence in the course of the management of affairs, he shall be entitled to claim for indemnification to the extent that the principal is being enriched thereby.

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