Portal de Periódicos da CAPES

La solidaridad con“motivos razonables” o la denominada gestión de asuntos ajenos del Libro Sexto del Código Civil de Cataluña

2021; Pompeu Fabra University; Linguagem: Inglês

10.31009/indret.2021.i1.03

1698-739X

Sandra Camacho Clavijo,

Legal processes and jurisprudence

In the current situation of the welfare state crisis, figures such as the benevolent interventions in another's affairs, are shown to be suitable as a means of channelling the punctual assistance provided by individuals.The revision of this institution in the Sixth Book of the Civil Code of Catalonia is based on overcoming the unfavourable configuration of this type of intervention as an act of interference, a consequence of the dogma of autonomy of will and promoting it as a way of exercising solidarity.Article 622-40 CCC typifies as a requirement for the existence of the benevolent intervention in another's affairs, that the action must be carried out for any "reasonable grounds" and consequently any unjustified action cannot be classified as benevolent intervention in another's affairs nor will it activate the compensation rules that act in this institution.As the CCC does not expressly regulate a criterion to determine when "reasonable grounds" concur, the purpose of this work is to resolve this issue.We have used the principles and definitions of the harmonization texts of European Private Law that have inspirited to the Catalan legislator to resolve it.