Article 1301-3 of the French Civil Code
November 7, 2023
The ratification of the management by the master is equivalent to a mandate.
The ratification of the management by the master is equivalent to a mandate.
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.
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.
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.
Any person who mistakenly or knowingly receives something that is not due to him must return it to the person from whom he received it unduly.
A person who by mistake or under duress has paid the debt of another may bring an action for restitution against the creditor. Nevertheless this right ceases in the case where the creditor, as a result of the payment, has destroyed his title or abandoned the securities which guaranteed his claim. Restitution may also be claimed from one whose debt has been paid by mistake.
Restitution is subject to the rules laid down in articles 1352 to 1352-9. It may be reduced if the payment is the result of fault.
Apart from cases of business management and undue payment, a person who benefits from unjustified enrichment to the detriment of another owes, to the person who is impoverished thereby, compensation equal to the lesser of the two values of the enrichment and the impoverishment.
Enrichment is unjustified where it arises neither from the fulfilment of an obligation by the impoverished person nor from his liberal intention.
There is no right to compensation if the impoverishment arises from an act performed by the impoverished person with a view to personal gain. Compensation may be moderated by the judge if the impoverishment arises from a fault of the impoverished person.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
