Negotiorum Gestio Quiz: Master Solutio Indebiti and Essential Requisites

Questions and Answers

What are the conditions for an officious manager to be personally liable for contracts entered into with third persons?

The officious manager must have acted in the name of the owner and the owner did not ratify the management.

Under what circumstances can the owner repudiate the management?

The owner can repudiate the management if they no longer wish to continue it.

What are the exceptions to the provisions of the Civil Code regarding management by an officious manager?

The exceptions are if the owner has ratified the management or the contract refers to things pertaining to the owner of the business.

What is the obligation of the owner in cases where the management aims to prevent an imminent and manifest loss?

The obligation of the owner is to reimburse the officious manager, even if no benefit was derived. Signup and view all the answers

What happens to the management in the event of the death, civil interdiction, insanity, or insolvency of the owner or officious manager?

The management is extinguished. Signup and view all the answers

What conditions must be met for the owner to be liable even if there was no imminent and manifest danger to the property or business?

The officious manager must have acted in good faith and the property or business is intact and ready to be returned to the owner. Signup and view all the answers

What are the essential requisites for 'Negotiorum Gestio'?

a) No meeting of the minds, b) Taking charge of another's business or property, c) The property or business must have been abandoned or neglected, d) The officious manager must not have been expressly or implicitly authorized, e) The officious manager must have voluntarily taken charge Signup and view all the answers

When does the rule on unauthorized contracts apply in the context of 'Negotiorum Gestio'?

When the property or business was not abandoned or neglected Signup and view all the answers

What happens if the officious manager has been expressly or implicitly authorized?

The rules on agency would apply Signup and view all the answers

What level of diligence is required of the officious manager?

Diligence of a good father of the family Signup and view all the answers

Is the gestor liable for the acts or negligence of his employees?

Yes Signup and view all the answers

What happens if the officious manager delegates some of his duties to another person?

He shall be liable for the acts of the delegate Signup and view all the answers

What are the situations where an officious manager shall be liable for any fortuitous event?

<ol> <li>If he undertakes risky operations which the owner was not accustomed to embark upon; 2) If he has preferred his own interest to that of the owner; 3) If he fails to return the property or business after demand by the owner; 4) If he assumed the management in bad faith.</li> </ol> Signup and view all the answers

In what scenarios can an officious manager be held liable for fortuitous events?

<ol> <li>If he is manifestly unfit to carry on the management; 2) If by his intervention he prevented a more competent person from taking up the management.</li> </ol> Signup and view all the answers

What effect does the ratification of the management by the owner of the business have?

The ratification of the management by the owner of the business produces the effects of an express agency, even if the business may not have been successful. Signup and view all the answers

Even if the officious management was not expressly ratified, what obligations does the owner of the property or business who enjoys its advantages have?

The owner of the property or business who enjoys its advantages shall be liable for obligations incurred in his interest, and shall reimburse the officious manager for necessary and useful expenses and damages suffered. Signup and view all the answers

What are the conditions under which the responsibility of two or more officious managers shall be solidary?

The responsibility of two or more officious managers is solidary unless the management was assumed to save the thing or business from imminent danger. Signup and view all the answers

What is the consequence of an officious manager's intervention preventing a more competent person from managing?

If an officious manager prevents a more competent person from taking up the management, he can be held liable for fortuitous events. Signup and view all the answers

Study Notes

Essential Requisites for "Negotiorum Gestio"

No meeting of the minds is required
The officious manager takes charge of another's business or property
The property or business must have been abandoned or neglected
The officious manager must not have been expressly or implicitly authorized
The officious manager must have voluntarily taken charge

Duties of the Officious Manager

Perform duties with the diligence of a good father of a family
Pay damages suffered by the owner due to fault or negligence
Liable for acts or negligence of employees
May be liable for damages, which may be mitigated in certain cases

Liability of the Officious Manager

Liable for acts of delegates, and direct obligation of the delegate
Solidary responsibility of two or more officious managers, unless management was to save the thing from imminent danger
Liable for fortuitous events if:
- Undertakes risky operations not customary for the owner
- Prefers own interest to that of the owner
- Fails to return the property or business after demand by the owner
- Assumes management in bad faith
Liable for fortuitous events if manifestly unfit to carry on the management, or if intervention prevents a more competent person from taking up management

Ratification and Liability of the Owner

Ratification of the management by the owner produces effects of an express agency, even if the business was not successful
Owner liable for obligations incurred in their interest, and for reimbursement of necessary and useful expenses and damages
Owner liable even if management was not ratified, if it prevented an imminent and manifest loss
Owner liable for enrichment at the expense of the officious manager, even if a minor

Extinguishment of Management

Management is extinguished by:
- Owner's repudiation or termination
- Officious manager's withdrawal, subject to Article 2144
- Death, civil interdiction, insanity, or insolvency of the owner or officious manager

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Essential Requisites for Negotorium Gestio