Civil law. A special part. Obligations from actions in someone else's interest without instructions (the most important)

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Civil law. A special part. Obligations from actions in someone else's interest without instructions (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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Topic 11

The institution of actions in someone else's interest without instructions is new for modern Russian civil law. These actions include both factual and legal actions. In this case, we are talking about actions that are performed without an order, other instructions or the previously promised consent of the person concerned. The law allows the commission of such actions only for the purposes of:

▪ preventing harm to the person or property of the interested party;

▪ fulfillment of the property obligations of such a person (for example, to pay rent, to make tax or other obligatory payments, etc.);

▪ compliance with his other non-illegal interests (for example, obtaining performance from debtors of an absent interested party).

Actions in someone else's interest without the instructions of the person concerned are recognized as lawful if they are performed based on the obvious benefit or benefit and the actual or probable intentions of the person concerned and with the diligence and prudence necessary for the circumstances of the case (paragraph 1 of article 980 of the Civil Code).

A person acting in someone else's interest is obliged to notify the interested person at the first opportunity and wait within a reasonable time for his decision on approval or disapproval of the actions taken, unless such waiting will cause serious damage to the interested person. It is not required to specifically inform the interested citizen about actions in his interest if these actions are taken in his presence (Article 981 of the Civil Code).

The law allows for the possibility of committing certain actions in someone else's interest against the will of the person whose interests they affect. So, according to paragraph 2 of Art. 983 of the Civil Code, actions to prevent danger to the life of another person (for example, when saving a person who has decided to commit suicide) are also allowed against the will of this person, and the fulfillment of the obligation to support someone is against the will of the one who bears this duty.

Actions in someone else's interest, committed after the one who commits them, it became known that they are not approved by the person concerned, do not entail obligations for the latter either in relation to the person who committed these actions, or in relation to third parties (clause 1 of article 983 GK).

The person in whose interests the actions were performed by another person is obliged to compensate this person for the expenses incurred by him and other real damage, regardless of the achievement of the expected result. However, when preventing damage to the property of the person concerned, the amount of compensation should not exceed the value of the property. Expenses and other real damages are not reimbursed to a person who acted in the cases provided for by law against the will of the person whose interests were affected by these actions (clause 1 of article 984 of the Civil Code). Upon reaching a positive result for the person concerned, the person who acted in someone else's interest is also entitled to receive remuneration, but only in cases where this is provided for by law, an agreement with the person concerned or the customs of business (Article 985 of the Civil Code).

A person who has committed actions without authority in the interests of another person, regardless of the result of his actions and their approval or disapproval by the person concerned, is obliged to submit to the latter a report indicating the income received and expenses incurred and other losses (Article 989 of the Civil Code).

Approval by an interested person of actions in his interest leads to the fact that the relations between him and the person who committed them are subsequently subject to the rules on an agency agreement or other agreement corresponding to the nature of the actions taken, even if the approval was oral (Article 982 of the Civil Code). Thus, in this situation, these relations acquire a contractual character. In this regard, the expenses and other losses of a person acting in someone else's interest, incurred by him in connection with the actions taken after obtaining approval from the person concerned, are reimbursed according to the rules on the contract of the corresponding type (clause 2 of article 984 of the Civil Code).

The rules of the Civil Code do not apply to actions in the interest of other persons committed by state and municipal bodies for which such actions are one of the goals of their activities (clause 2 of article 980 of the Civil Code).

Author: Ivakin V.N.

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