Contract law. Actions in the interests of others without instructions (the most important)

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Contract law. Actions in the interests of others without instructions (the most important)

Lecture notes, cheat sheets

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58. ACTIONS IN THE INTEREST OF ANOTHER WITHOUT ORDER

Actions in someone else's interest without instructions - these are actions without an order, other indication or previously promised consent of the person concerned in order to prevent harm to his person or property, fulfill his obligations or in his other legitimate interests.

Actions in someone else's interest should be made on the basis of the obvious benefit or benefit and the actual or probable intentions of the person concerned and with the care and discretion necessary in the circumstances of the case.

The law establishes that the provisions of the Civil Code of the Russian Federation on actions of this kind do not apply to actions in the interest of other persons performed by state and municipal bodies for which such actions are one of the goals of their activities.

A person acting in someone else's interest obliged as soon as possible notify the person concerned (unless the action is taken in his presence) and wait within a reasonable time for his decision to approve or disapprove of the action taken, unless such waiting would cause serious harm to the person concerned. If the person approves these actions, then the rules on the contract of agency or other contract corresponding to the nature of the actions taken will apply to the relations of the parties, even if the approval was oral.

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 for the last duties neither in relation to the perpetrator of these actions, nor in relation to third parties.

Actions to prevent danger to the life of a person in danger, allowed and against the will of this person, and the fulfillment of the obligation to support someone is against the will of the one on whom this obligation lies.

Necessary expenses and other real damages incurred by a person acting in someone else's interest are subject to compensation by the person concerned, even if these actions did not lead to the intended result.

A person whose actions in someone else's interest led to a positive result for the person concerned is entitled to receive remuneration.

Obligations under a transaction concluded in someone else's interest are transferred to the person in whose interests it was made, subject to his approval of this transaction.

A person acting in someone else's interest is obliged to submit to the person in whose interests such actions were carried out a report indicating the income received and expenses incurred and other losses.

Author: Rezepova V.E.

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