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BOOK II. Law of Obligations.

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	== BOOK II. Law of Obligations. ==		== BOOK II. Law of Obligations. ==
			'''[[1896de_Book2_Chapter07_Title10\|← Previous Page]]''' \| '''[[1896de_Book2_Chapter07_Title12\|Next Page →]]'''

	=== Chapter VII. Particular Kinds of Obligations. ===		=== Chapter VII. Particular Kinds of Obligations. ===

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= '''[[1896de Main Page|GERMAN CIVIL CODE OF 1896]]''' =

* '''Based on the English Translation by:''' ''Wang, Chung Hui'' (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on [https://archive.org/details/germancivilcod00germ Archive.org]]

== BOOK II. Law of Obligations. ==

=== Chapter VII. Particular Kinds of Obligations. ===

==== Title XI. Management of Affairs without Mandate. ====

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_677.|Section 677.]]''' ======
* A person who takes charge of an affair for another without having received a mandate from him or being otherwise entitled to do so in respect of him, shall manage the affair in such manner as the interest of the principal requires, having regard to his actual or presumptive wishes.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_678.|Section 678.]]''' ======
* If the undertaking of the management of the affair is opposed to the actual or presumptive wishes of the principal, and if the agent must have recognised this, he is bound to compensate the principal for any damage arising from his management of the affair, even if no fault is otherwise imputable to him.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_679.|Section 679.]]''' ======
* The fact that the management of the affair is opposed to the wishes of the principal is not taken into consideration if, without the management of the affair, a duty of the principal the fulfilment of which is of public interest or a statutory duty to furnish maintenance to others by the principal would not be fulfilled in due time.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_680.|Section 680.]]''' ======
* If the management of the affair has for its object the averting of an imminent danger which threatens the principal, the agent is responsible only for wilful default and gross negligence.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_681.|Section 681.]]''' ======
* The agent shall notify to the principal, as soon as practicable, the undertaking of the management of the affair, and await his decision, unless there is danger in delay. For the rest the provisions of 666 to 668 applicable to a mandatary apply mutatis mutandis to the obligations of the agent.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_682.|Section 682.]]''' ======
* If the agent is incapable of disposing, or limited in disposing capacity, he is responsible only under the provisions relating to compensation for unlawful acts, and to the return of unjustified benefits.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_683.|Section 683.]]''' ======
* If the undertaking of the management of the affair is in accordance with the interest and the actual or presumptive wishes of the principal, the agent may demand reimbursement of his outlay as a mandatary. In the cases provided for by 679 this claim belongs to the agent even if the undertaking of the management of the affair is opposed to the wishes of the principal.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_684.|Section 684.]]''' ======
* If the conditions of 683 do not exist, the principal is bound to return to the agent all that he acquires through the management of the affair under the provisions relating to the return of unjustified benefits. If the principal ratifies the management of the affair, the claim specified in 683 belongs to the agent.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_685.|Section 685.]]''' ======
* [I] The agent does not have any claim if he had not the intention to demand reimbursement from the principal.
* [II] If parents or grandparents furnish maintenance to their descendants, or vice versa, it is to be presumed, in case of doubt, that there is no intention to demand reimbursement from the recipient.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_686.|Section 686.]]''' ======
* If the agent is under a mistake as to the identity of the principal, the actual principal acquires the rights and obligations arising from the management of the affair.

====== '''[[1896de Teil2 Abschnitt07 Titel11#§_687.|Section 687.]]''' ======
* [I] The provisions of 677 to 686 do not apply, if a person takes charge of the affair of another in the belief that it is his own.
* [II] If a person treats the affair of another as his own, although knowing that he is not entitled to do so, the principal may enforce the claims based on 677, 678, 681, 682. If he does enforce them, he is liable to the agent as provided for in 684, sentence 1.

1896de Book2 Chapter07 Title11 - Revision history

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