Louisiana Civil Code

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TITLE V - OBLIGATIONS ARISING WITHOUT AGREEMENT

 

CHAPTER 1 - MANAGEMENT OF AFFAIRS (NEGOTIORUM GESTIO)

Art. 2292. There is a management of affairs when a person, the manager, acts without authority to protect the interests of another, the owner, in the reasonable belief that the owner would approve of the action if made aware of the circumstances. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2293. A management of affairs is subject to the rules of mandate to the extent those rules are compatible with management of affairs. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2294. The manager is bound, when the circumstances so warrant, to give notice to the owner that he has undertaken the management and to wait for the directions of the owner, unless there is immediate danger. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2295. The manager must exercise the care of a prudent administrator and is answerable for any loss that results from his failure to do so. The court, considering the circumstances, may reduce the amount due the owner on account of the manager's failure to act as a prudent administrator. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2296. An incompetent person or a person of limited legal capacity may be the owner of an affair, but he may not be a manager. When such a person manages the affairs of another, the rights and duties of the parties are governed by the law of enrichment without cause or the law of delictual obligations. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2297. The owner whose affair has been managed is bound to fulfill the obligations that the manager has undertaken as a prudent administrator and to reimburse the manager for all necessary and useful expenses. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

 

CHAPTER 2 - ENRICHMENT WITHOUT CAUSE

SECTION 1 - GENERAL PRINCIPLES

Art. 2298. A person who has been enriched without cause at the expense of another person is bound to compensate that person. The term "without cause" is used in this context to exclude cases in which the enrichment results from a valid juridical act or the law. The remedy declared here is subsidiary and shall not be available if the law provides another remedy for the impoverishment or declares a contrary rule.

The amount of compensation due is measured by the extent to which one has been enriched or the other has been impoverished, whichever is less.

The extent of the enrichment or impoverishment is measured as of the time the suit is brought or, according to the circumstances, as of the time the judgment is rendered. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

SECTION 2 - PAYMENT OF A THING NOT OWED

Art. 2299. A person who has received a payment or a thing not owed to him is bound to restore it to the person from whom he received it. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2300. A thing is not owed when it is paid or delivered for the discharge of an obligation that does not exist. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2301. A thing is not owed when it is paid or delivered for discharge of an obligation that is subject to a suspensive condition. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2302. A person who paid the debt of another person in the erroneous belief that he was himself the obligor may reclaim the payment from the obligee. The payment may not be reclaimed to the extent that the obligee, because of the payment, disposed of the instrument or released the securities relating to the claim. In such a case, the person who made the payment has a recourse against the true obligor. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2303. A person who in bad faith received a payment or a thing not owed to him is bound to restore it with its fruits and products. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2304. When the thing not owed is an immovable or a corporeal movable, the person who received it is bound to restore the thing itself, if it exists.

If the thing has been destroyed, damaged, or cannot be returned, a person who received the thing in good faith is bound to restore its value if the loss was caused by his fault. A person who received the thing in bad faith is bound to restore its value even if the loss was not caused by his fault. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Art. 2305. A person who in good faith alienated a thing not owed to him is only bound to restore whatever he obtained from the alienation. If he received the thing in bad faith, he owes, in addition, damages to the person to whom restoration is due. [Acts 1995, No. 1041, §1, eff. Jan. 1, 1996]

Arts. 2306-2313. [Repealed. Acts 1995, No. 1041, eff. Jan. 1, 1996]

Art. 2314. [Repealed. Acts 1979, No. 180, §3]

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