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Article 1252 of the French Civil Code

Independent of compensation for ecological damage, the judge, on receiving an application to that effect from a person mentioned in Article 1248, may prescribe reasonable measures to prevent or stop the damage.

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Article 1300 of the French Civil Code

Quasi-contracts are purely voluntary acts from which result an obligation on the part of the person who benefits from them without being entitled to do so, and sometimes an obligation on the part of their author towards others. The quasi-contracts governed by this subtitle are business management, undue payment and unjust enrichment.

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Article 1301 of the French Civil Code

A person who, without being obliged to do so, knowingly and usefully manages the business of another, without the knowledge or opposition of the master of that business, is subject, in the performance of the legal and material acts of his management, to all the obligations of an agent.

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Article 1301-1 of the French Civil Code

He is bound to exercise all the care of a reasonable person in the management of the business; he must continue the management until the master of the business or his successor is able to provide for it. The judge may, depending on the circumstances, moderate the compensation due to the master of the business because of the faults or negligence of the manager.

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Article 1301-2 of the French Civil Code

A person whose business has been usefully managed must fulfil the commitments entered into in his interest by the manager. He reimburses the manager for expenses incurred in his interest and compensates him for any damage he has suffered as a result of his management. Sums advanced by the manager bear interest from the day of payment.

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Article 1301-4 of the French Civil Code

The personal interest of the manager in taking on the business of others does not exclude the application of the rules of business management. In this case, the burden of commitments, expenses and damages is shared in proportion to the interests of each in the common business.

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Article 1301-5 of the French Civil Code

If the manager’s action does not meet the conditions of business management but nevertheless benefits the master of that business, the master must indemnify the manager according to the rules of unjust enrichment.

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Article 1302 of the French Civil Code

Any payment presupposes a debt; what has been received without being due is subject to restitution. Restitution is not admitted in respect of natural obligations which have been voluntarily discharged.

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