Quasi-Contracts: Business Management and Restitution of Indu

Extract

[...] The idea is to fight against abnormal value movements > Quasi-contracts are an equity mechanism, intended to take charge of an unjustified value movement between two estates. We have three to four types of quasi-contracts: - business management - restitutions of the indu - unjustified enrichment - (the illusion ofa gain) Advertising Lottery > Two quasi-contracts : - Business Management - Repetition of the indu Chapter Business Management > The idea is to compensate the person who has taken care of another's affairs There is business management from the moment a person performs an act in the interest of someone who did not ask them to intervene. [...]

[...] he knew perfectly well that he should not have received the object from the one who handed it over, he will have to return the higher of the two values between the sale price and the object's price. The goal is to indirectly sanction the accipiens in bad faith. In addition, the latter will not only be responsible for the degradation of the object, but will also be responsible for the degradation resulting froman accidental case. The idea is to be able to bring the assets back to a normal level when there is an unjustified mechanism. [...]

[...] She was blamed for not having continued the management of the affair that was hers, namely securing the handbag and preventing it from being stolen. However, by handing it over to strangers, or at least people who were not its owners, the person violated the obligations resulting from the management of the affair ideaand almost contracted > Art. 1301-1 preprescribes that the gbeing must continue to manage until the master of the case or his successor is able to do so. [...]

[...] - So the legal act was carried out with representation, namely that the manager clearly indicated to the clerk that he was intervening on behalf of and in the name of the master of the case - or no representation, namely that the manager did not indicate that he intervened on behalf of and for the account of a third party Following these details, the consequences will not be the same, there will be repercussions > Secondisme condition : the act, the intervention must have been opportune it is imperative that the management has been useful for the master of the case. The objective is to avoid unjustified interferences, intrusionse.g. [...]

[...] This is a situation that has been recognized by the Court of Cassation in certain judgments regarding genealogists - She has consideredconsidered what'There was altruistic behavior from them, as they intervene both to the benefit of the heirs, and at the same time, they are remunerated, so they do not act ONLY for the sake of the gesture - CIV 1isre 28 May 1991 : the circumstance that the genealogist worked both in his own interest and in that of the master of the case is not exclusive of a business management. + art civil code It is not always obvious to determine whether the manager wished to take charge of another's affairs; sometimes, external circumstances make it possible to affirm / exclude it, and sometimes it is trisit is complicated to determine the will, because one needs both consciousness and the will to act for others. Consciousness alone is not enough. [...]