Benevolent intervention in another‘s affairs: Some remarks on the draft report presented by the study group on a European civil code

Conclusion

To sum up: benevolent intervention is a small field of law, but related to many other fields such as the winding up of void contracts, the regime of lacking representation or the regime of unjustified enrichment. In so far, the rules guiding the relationship between the intervener and the principal may offer a useful tool within the scope of the Common Frame of Reference. In general, the draft proposed by the Study Group is a balanced instrument to cope with the problems of benevolent intervention. Some questions, however, such as the scope of application, the duty of the intervener to continue his task and the authority of the intervener to act in the name of the principal, need further discussion.