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Dokument BGB Book 2 Law of Obligations
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=U3= Sec677 -- Section 677 Duties of the voluntary agent

-- =S=> BGB 677 A person who conducts a transaction for another person without being instructed by him or otherwise entitled towards him must conduct the business in such a way as the interests of the principal require in view of the real or presumed will of the principal .

=U3= Sec678 -- Section 678 Agency contrary to the will of the principal

-- =S=> BGB 678 If the assumption of agency is at variance with the real or presumed will of the principal and if the voluntary agent should have realised this , then he is liable to compensate the principal for damage arising from the agency even if he is not otherwise at fault .

=U3= Sec679 -- Section 679 Irrelevance of the contrary will of the principal

-- =S=> BGB 679 A will of the principal contrary to the agency is disregarded if without the agency a duty of the principal whose fulfilment is in the public interest or a statutory maintenance duty of the principal would not have been fulfilled in good time .

=U3= Sec680 -- Section 680 Agency to ward off danger

-- =S=> BGB 680 If the voluntary agency is intended to ward off danger threatening the principal , then the voluntary agent is only responsible for deliberate intent and gross negligence .

=U3= Sec681 -- Section 681 Ancillary duties of the voluntary agent

-- =S=> BGB 681 The voluntary agent must notify the principal , as soon as feasible , of his assumption of the agency and , if postponement does not entail danger , wait for the decision of the principal . Apart from this , the provisions relating to a mandatary in sections 666 to 668 apply to the duties of the voluntary agent with the necessary modifications .

=U3= Sec682 -- Section 682 Lack of capacity to contract on the part of the voluntary agent

-- =S=> BGB 682 If the voluntary agent lacks capacity to contract or is limited in his capacity to contract , then he is only responsible under the provisions on damages for torts and on the return of unjust enrichment .

=U3= Sec683 -- Section 683 Reimbursement of expenses

-- =S=> BGB 683 If the assumption of agency corresponds to the interest and the real or presumed will of the principal , then the voluntary agent may demand reimbursement of expenses like a mandatary . In the cases of section 679 , the voluntary agent is entitled to this claim , even if the assumption of agency is at variance with the will of the principal .

=U3= Sec684 -- Section 684 Return of enrichment

-- =S=> BGB 684 If the requirements of section 683 do not apply , then the principal is obliged to return everything that he obtains as a result of the voluntary agency under the provisions on the return of unjust enrichment . If the principal ratifies the agency , then the voluntary agent is entitled to the claim specified in section 683.

=U3= Sec685 -- Section 685 Intention to donate

-- =S=> BGB 685. 1 The voluntary agent has no claim if he did not intend to demand reimbursement from the principal .
=S=> BGB 685. 2 If parents or forebears grant their descendants maintenance , or vice versa , then in case of doubt it is to be assumed that there is no intention to demand reimbursement from the receiver .

=U3= Sec686 -- Section 686 Error as to the identity of the principal

-- =S=> BGB 686 If the voluntary agent is in error with regard to the identity of the principal , then the real principal is entitled and obliged as the result of agency .

=U3= Sec687 -- Section 687 False agency without specific authorisation

-- =S=> BGB 687. 1 The provisions of sections 677 to 686 do not apply if a person conducts the transaction of another person in the belief that it is his own .
=S=> BGB 687. 2 If a person treats the business of another person as his own although he knows that he is not entitled to do so , then the principal can assert claims resulting from sections 677 , 678 , 681 and 682. If he asserts them , then he is under a duty to the voluntary agent under section 684 ( 1 ) .