Прекратяване на задължението на управителя от воденето на чужда работа без възлагане в българското облигационно право
Suspension of the Gestor’s Obligation in Negotiorum Gestio under Bulgarian Contractual Law
Author(s): Svetoslav IvanovSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: negotiorum gestio; negotiorum gestor; dominus negotii; contractual law; direct negotiorum gestio claim; suspension of the gestor’s obligation to take care of the dominus’ affairs
Summary/Abstract: The article examines the grounds for suspension of the gestor’s obligation in negotiorum gestio to take care of the dominus’ affairs under Bulgarian contractual law. After a short intro duction, which comprises comparative law notes and theoretical legal ones, fi rst, an examination is made of the issue of discharge of the gestor’s obligation once the dominus acquires the opportunity to take care of his affairs on his own (p. II.4). Second, consideration is given to the dominus’ opposition to the conduct of affairs as a juridical fact suspending the gestor’s obligation (p. II.5). Third, a thesis is put forward, according to which the same effect might also arise from the gestor’s refusal to continue conducting the affairs (p. II.6) or his legal competence being lost (p. II.7). On the other hand, the study opens a discussion on certain disputable grounds for suspension of the gestor’s obligation in negotiorum gestio: the dominus losing his legal competence (p. III.8) and the dominus obtaining knowledge of the gestor’s taking care of his affairs (p. III.9). Attention is also given to the matters of the limitation period within which the dominus might seek indemnity from the gestor (p. III.10). The most important conclusions are summed up at the end (p. IV).
Journal: Съвременно право
- Issue Year: 2019
- Issue No: 3
- Page Range: 22-39
- Page Count: 18
- Language: Bulgarian
- Content File-PDF