Actions without instructions in someone else's interest (Civil Code): the concept, features, conditions and consequences, judicial practice

Actions without instructions in someone else's interest - what is it? This question can be answered by the Civil Code of the Russian Federation, and to be more precise, Chapter 50. In the article below, you can find out some of the features of this legal institute.

Legislative conditions

Actions without instructions in someone else's interest were legislated only in the new civil law. Previously, such regulations were not provided. These civil legal relations are a kind of extra-contractual obligations, which, in turn, entail the emergence not only of rights, but also of duties. What are the main postulates of this concept?

• Actions without instructions in someone else's interest will be such if the person who produces them does not have such instructions from the person concerned. The person who produces such acts must not have the authority to do so, not only on the basis of a power of attorney or a legal contract, but also on the basis of other instructions. Other indications include, for example, the previously promised consent given by the person concerned. In other words, a person acting in someone else's interest should make such manipulations without the consent (even the absentee) of the person in whose favor these actions are committed. Moreover, the latter should not even know about these manipulations. If this is not so, and the acting has received an instruction or even consent, then his actions can not be qualified for the chapter of the Civil Code of the Russian Federation under consideration.
• The relations under consideration must be directed to obtaining a specific goal and must be coordinated with the letter of the law. For such purposes, for example, we can mean a situation in which a person saves children or property from a burning apartment. That is, it acts on its own, without the appropriate indication of the owner of things or parents of children, but the result of his action has favorable consequences for the latter.
• Based on the above paragraph, it can be concluded that one of the special characteristics of an action without an assignment in someone else's interest is that it should be done not for the benefit of itself, but for the benefit of a third person. The actor does not need to know who will be the beneficiary, and if he is mistaken at the expense of such an interested person, this can not be the basis for not recognizing actions in someone's interest. For example, saving property from a burning apartment, which thinks that a fire occurred in the apartment of his friend, if he is mistaken (for example, the apartment belongs to a completely different person), still commits acts in someone else's interest.
• The acts in question must comply with the intentions of the person concerned. If the action is contrary to intentions, then it can not be recognized as perfect within the framework of the chapter of the Civil Code of the Russian Federation.
• When doing things, care and circumspection must be shown. That is, the incumbent must really care about the benefits of a third person and do not invest so much that the result will be unprofitable for him. The actor must presume what actions the beneficiary has performed in his place and act accordingly.

• Only if all of the above conditions are met, a person's actions can be recognized as actions without commission in someone else's interest, and he can get a reward for it.

Message to the beneficiary

When an action is carried out in someone else's interest without commission, the Civil Code of the Russian Federation imposes certain obligations on the person committing such an act. One such obligation is the proper notification of the beneficiary of the activities carried out.

Legislatively it is not established, during what period of time the acting person should notify the interested person, however there is a reservation that such message should be made at the first opportunity. Such notification is due to the fact that as a result of the act in question an intrusion into the personal space and sphere of activity of a particular citizen is committed. At the same time, it is impossible to predict with a complete certainty what reaction such actions will cause.

Moreover, according to the sense of the article under analysis it turns out that acting in someone else's interest is obliged to wait for the decision to be made after notifying the beneficiary. This decision must be expressed either in the form of disapproval, or approval of the committed. But in any case, the period of such expectation should not be so great as to lead to losses of the person concerned.

The legislator does not disclose whether it is necessary to suspend actions after informing the beneficiary of the measures taken. However, based on common sense, it follows that if the urgent need has disappeared, then actions can be suspended. And, on the contrary, if such a need is still preserved and the benefits of the interested person are threatened with loss and damage, then the measures should continue.

In certain cases, it is not required to notify the interested person that actions are taking place in someone else's interest without commission. The Civil Code of the Russian Federation calls such cases those in which such measures are obvious. For example, committed in the presence of the beneficiary.

Approval of actions by the beneficiary

What does it mean to approve the action in someone else's interest without commission? Judicial practice in this case converges on the following. The endorsement by the beneficiary of actions taken without his knowledge concerning the property belonging to him should be considered as a will. Approval of actions means that the person concerned encourages and deems the right act to be effective in his interest.

Further, with the approval of committed or committed actions between these two people, civil legal relations arise, rights and duties appear. In other words, the person acting in the interests of others and the interested person enter into a contract with each other.

What kind of contract is concluded when performing an action in someone else's interest without commission? Judicial practice in this case is unambiguous - depending on what actions the beneficiary has approved, what rules of civil legislation these relations are regulated, such a deal will be concluded. For example, if a person who has found any lost property of a third person, has retained it and subsequently transferred it to the owner, then such legal relations are regulated by the rules regulating the storage contract.

Very important! The approval does not need to be expressed in writing, it will also be in accordance with the legislation and the oral form.

Disapproval of actions by the beneficiary

When determining the action in someone else's interest without an instruction, the characteristic of which is indicated above, the position of the beneficiary, his view of the committed or committed actions, is of no small importance. The norms of civil legislation, which are available in Chapter 50 of the Civil Code, state that if the beneficiary has not approved the activities carried out in his interests, then they must be terminated. If they continue to be committed, then the incumbent bears the entire risk of possible losses that may arise, as well as is liable for obligations, if any, arising from the committed civil transactions.

In doing so, it is necessary to determine the period when an action takes place in someone else's interest without commission. An example can be as follows: the person in action produces the activities before he has received the disapproval of the beneficiary, and he does certain acts in the interests of others, after he has learned about this disapproval. In the second situation, the consequences of such actions are imposed on the acting. If the first situation arose, then according to the norms of the Civil Code, such a person may demand compensation for the losses incurred, by submitting a corresponding claim to the person concerned.

But the civil law establishes two exceptions to the rules. Regardless of approval or disapproval of acts, the actor can continue his actions and subsequently receive a reward if:

1. Actions aimed at saving lives or health.
2. The actions are aimed at the maintenance of persons who were required to maintain an interested person.

Losses and their reimbursement

If a person has fulfilled all the conditions of actions in someone else's interest without instructions, which are presented by the legislation to the legal relations under consideration (five of these conditions are listed at the beginning of this article), if properly notified the beneficiary and waited the necessary period for obtaining approval or disapproval, then he can claim for Compensation of losses and other expenses. The latter may include any expenditure that the incumbent has made to take care of the benefits and property of the beneficiary.

Naturally, the recovery of losses must be made from an interested person who will be obliged to fill them. The only beneficiary is exempt from such a duty if the action is committed after he has expressed his disapproval. In this case, damages are not reimbursed.

Article 984 of the Civil Code also determines that not all expenses are liable to be reimbursed, but only necessary, without which it would be impossible to achieve the desired result. If the expenses of the incumbent were not aimed at saving property from damage or death, or to another useful result, then they may not be reimbursed. There is also a reservation - it is not necessary that the actions bring the desired result, most importantly, the usefulness of such events. If such conditions are met, the right to reimbursement of expenses arises, if an action is carried out in someone else's interest without commission. An example can be the following. Rescuing property from the fire, people used for this purpose some of their property, which was damaged. If his attempts to save things did not succeed, he could still claim a refund.

The amount of losses that are required to be reimbursed can not exceed the amount of the saved, preserved property.

Remuneration

In certain cases, for the action in someone else's interest without the instructions of the Civil Code of the Russian Federation requires compensation. This possibility arises with the person in effect, if the following two conditions are met at the same time:

1. His actions and actions have created a positive result.
2. Remuneration is provided for by civil law, contract or custom.

If the beneficiary has approved the actions in his favor, then, consequently, the result can be considered positive. Further, it is necessary to determine what norms of the Civil Code regulate the legal relationships that have been created, and if these norms provide for remuneration, then the actor has the right to receive it.

Remuneration for actions in someone else's interest without instructions, conditions and consequences of such activities are detailed in the comments to the Civil Code.

Consequences of the transaction

The concept of action in the interests of others without instructions includes not only actions that occur directly in favor of the beneficiary, but also transactions concluded with third parties. For this reason, the question arises of the legal relationship between these third parties and the person concerned.

The Civil Code discloses this situation as follows. If the actor has concluded a contract with a third party, then the powers and obligations thereon may pass to the beneficiary, if he approved such a transaction, and if 3 persons do not object to such a transfer. From the foregoing it follows that in cases where the transaction is approved, the duties can go to the person concerned. But if it did not approve such actions, then the responsibility for the concluded contract rests with the acting person.

It should also be noted that a third party may not consent to the transaction if, at the time of its conclusion, it knew in whose favor the contract is being made. If he did not know, and subsequently refused to approve the transaction, then the duties on it also remain with the acting person.

Unjust enrichment

The norms of the chapter in question provide not only the concept of action in the interests of others without instructions, but also the consequences of unjust enrichment as a result of such activities. Article 987 of this code divides the acts in question, delimiting them from legal relations arising from unjust enrichment. The latter are regulated by chapter 60 of the Civil Code.

This distinction is very clear and real. In the first case, the actor commits acts aimed at creating or preserving benefits and other interests for the person concerned. These actions are legal, committed consciously. Remuneration and compensation for losses in this case occurs when the conditions specified in the beginning of the article are met.

The second situation is fundamentally different from the first. Thus, the person carrying out the action lacks any legal justification for his actions. As a rule, such a person keeps or protects property at the expense of another, and in most cases unjust enrichment arises from the fact that a third person commits some mistakes.

Summarizing, it can be said that a person who has preserved or protected the property of an interested person, while not wanting this and not acting in his interests, can not be considered acting in the interests of others. His actions should be evaluated in accordance with the provisions of Chapter 60 of the Civil Code. The same applies to cases where a citizen acting in his own interest believes that he is acting in his own favor.

Harm and its compensation

The peculiarities of actions in the interests of others without instructions are also concluded in the fact that the person acting, who has caused damage to the person concerned or to other persons lawfully and observing the above conditions, should be exempt from liability for such misconduct. However, if the conditions of the actions in question were not met, then the responsibility of the perpetrator comes according to the norms of civil law, which provide and disclose the obligations following the infliction of harm, because actions in the interests of others without instructions should be done with care and discretion.

Report

The procedure for acting in the interests of others without instructions entails one more obligation of the acting person. So, it is obliged after the completion of such events to provide the beneficiary with a report in which to indicate the results to which all this resulted. That is, the report must necessarily indicate what positive aspects were created for the person concerned, as well as what losses he incurred. A report on the consequences is necessary for the beneficiary to really assess the outcome of the action in his interests.

Moreover, it should be noted that the obligation to provide this report is assigned to a citizen acting in someone's interest, regardless of whether or not the person concerned approved his actions.

Thus, the actions examined, although they are a somewhat new institution in civil law, largely overlap with its other norms and can not exist in a break from the remaining legal relations. Considering these actions in someone else's interest, you need to evaluate the actions of an active person and an interested person as much as possible.