2144. Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. This juridical relation does not arise in either of these instances:
1. When the property or business is not neglected or abandoned 2. If in fact the manager has been tacitly authorized by the owner In the first case, the provisions of Arts. 1317, 1403(1), and 1404 regarding unauthorized contracts shall govern.
In the second case, the rules on agency in Title X of this Book shall be applicable.
Negotiorum gestio is a quasi-contract which should not be performed for
profit
Circumstances under which one may undertake to carry out a business matter for another (gestion de negocios ajenos):
1. They relate to determined things or affairs, and that there be no administrator or representative of the owner who is charged with the management thereof
2. That it be foreign to all idea of express or tacit mandate on the part of the owner, for it very often may happen even without his knowledge 3. That the actor be inspired by the beneficent idea of averting losses and
damages to the owner or to the interested party through abandonment of the things that belong to him or of the business in which he may be interested, that is, the administration is not for profit
2145. The officious manager shall perform his duties with all diligence of a good father of a family, and pay the damages which through his fault or negligence may be suffered by the owner of the property or business under management.
The courts may, however, increase or moderate the indemnity according to the circumstances of each case.
An officious manages is in a sense an intruder in the business or the property of the owner
However, if his intrusion is with the objective of preserving, managing and taking care of the property without any intent to gain, a quasi- contract is created
2146. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business.
The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger.
2147. The officious manager shall be liable for any fortuitous event: 1. If he undertakes risky operations which the owner was not
accustomed to embark upon
2. If he has preferred his own interest to that of the owner
3. If he fails to return the property or business after demand by the owner
4. If he assumed the management in bad faith
First case—: the business is simply providing a warehouse for dolls, the officious manager stored highly inflammable materials
Second case—: same business, but the officious manager also stored some of his goods in the warehouse. During flood, he chose to save his goods first before that of the owner, the officious manager will be liable for the loss
2148. Except when the management was assumed to save the property or business from imminent danger, the officious manager shall be liable for fortuitous events:
1. If he is manifestly unfit to carry on the management
2. If by his intervention, he prevented a more competent person taking up the management
2149. The ratification of the management by the owner of the business produces the effects of an express agency, even if the business may not have been successful.
Ratification—the owner agrees to whatever the officious manager has done
2150. Although the officious management may not have been expressly ratified, the owner of the property or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest, and shall reimburse the officious manager for the necessary and useful expenses for the damages which the latter may have suffered in the performance of his duties.
The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss, although no benefit may have been derived.
2151. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business, the owner is liable as under the first paragraph of the preceding article, provided:
1. The officious manager has acted in good faith, and
2. The property or business is intact, ready to be returned to the owner
2152. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name of the owner and third persons. These provisions shall not apply:
1. If the owner has expressly or tacitly ratified the management, or 2. When the contract refers to things pertaining to the owner of the
business
2152. The management is extinguished:
1. When the owner repudiates it or puts an end thereto
2. When the officious manager withdraws from the management, subject to the provisions of Art. 2144
3. By the death, civil interdiction, insanity or insolvency of the owner or the officious manager