Saturday 5 January 2013

Benevolent Intervention

Benevolent Intervention

In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone - even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies "between" contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another's affairs on the basis of a reasonable ground for intervention: "Principles of European Law: Benevolent Intervention in Another's Affairs".
In continental European legal systems the law on voluntary management of another's affairs developed from the Roman law concept of negotiorum gestio. While distinguishable in its contemporary form from its historical origin, its Latin nomenclature remains current for many lawyers in continental Europe and Scotland. Consistent with that, the Latin term features throughout both as an umbrella term for the current national laws and as a collective label for the European Principles set out and explained in the text.

Benevolent Intervention

Benevolent Intervention

Benevolent Intervention

Benevolent Intervention

Benevolent Intervention

Benevolent Intervention

Benevolent Intervention

Benevolent Intervention

Benevolent Intervention

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