Section 398.- If the management of the affair has for its object the averting of an imminent danger which threatens the person, reputation or property of the principal, the manager is responsible only for wilful default and gross negligence.

 

Section 399.- The manager shall notify to the principal, as soon as practicable, the undertaking of the management of the affair, and await his decision, unless there is danger in delay. For the rest the provisions of Section 809 to 811 applicable to an agent apply mutatis mutandis to the obligations of the manager.

 

Section 400.- If the manager is incapacitated, he is responsible only under the provisions relating to compensation for wrongful acts, and relating to the return for undue enrichment.

 

Section 401.- If the undertaking of the management of the affair is in accordance with the interest and the actual or presumptive wishes of the principal, the manager may demand reimbursement of his outlay as an agent. The provisions of Section 816 paragraph 2 apply mutatis mutandis.

In the cases provided for by Section 397 this claim belongs to the manager even if the undertaking of the management of the affair is opposed to the wishes of the principal.

 

Section 402.- If the conditions of the foregoing Section do not exist, the principal is bound to return to the manager all that he acquires through the management of the affair under the provisions of relating to the return of undue enrichment.

If the principal ratifies the management of the affair, the provisions of this Code concerning Agency apply correspondingly.

 

Section 403.- The manager has no claim if he had not the intention to demand reimbursement from the principal.

If parents or grandparents furnish maintenance to their descendants, or vice versa, it is to be presumed, in case of doubt, that there is no intention to demand reimbursement from the recipient.

 

Section 404.- If the manager acts for one person, believing that he is acting for another person, only the former has the rights and duties arising out of the management.

 

Section 405.- The provisions of the ten foregoing Sections do not apply, if a person takes charge of the affair of another in the belief that it is his own.

If a person treats the affair of another as his own, although knowing that he is not entitled to do so, the principal may enforce the claims based on Sections 395, 396, 399 and 400. If he does enforce them, he is liable to the manager as provided for in Section 402 paragraph 1.