Section 390.- If in a contract there are several persons on the one or the other side, the right of rescission may be exercised only by all and against all. If the right of rescission is extinguished in respect of one of those persons entitled, it is extinguished also in respect of the others.

 

Section 391.- If one party has exercised his right of rescission, each party is bound to restore the other to his former condition ; but the rights of third persons cannot be impaired.

To money which is to be repaid in case of the foregoing paragraph interest is to be added from the time when it was received.

For services rendered and for allowing the use of a thing the restitution shall be made by paying the value, or, if in the contract a counter-payment in money is stipulated for, this shall be paid.

The exercise of the right of rescission does not affect a claim for damages.

 

Section 392.- The obligations of the parties resulting from rescission shall be performed according to the provisions of Section 369.

 

Section 393.- If no period is fixed for the exercise of the right of rescission, the other party may fix a reasonable period and notify the party having a right of rescission to declare within such period whether he will rescind or not. If notice of rescission is not received within such period, the right of rescission is extinguished.

 

Section 394.- The right of rescission is extinguished when the person entitled has, by his own act or fault, essentially damaged the thing which is the subject of a contract or has rendered the restitution thereof impossible or has changed it into a thing of a different kind by working it up or remodelling it.

If without the act or fault of the person who has the right of rescission the thing which is the subject of the contract has been lost or damaged, the right of rescission is not extinguished.

 

TITLE III

MANAGEMENT OF AFFAIRS WITHOUT MANDATE

 

Section 395.- A person, who takes charge of an affair for another without having received a mandate from him or being otherwise entitled to do so in respect of him, shall manage the affair in such manner as the interest of the principal requires, having regard to his actual or presumptive wishes.

 

Section 396.- If the undertaking of the management of the affair is opposed to the actual or presumptive wishes of the principal, and if the manager must have recognised this, he is bound to compensate the principal for any damage arising from his management of the affair, even if no fault is otherwise imputable to him.

 

Section 397.- The fact, that the management of the affair is opposed to the wishes of the principal, is not taken into consideration if, without the management of the affair, a duty of the principal the fulfilment of which is of public interest or a legal duty to furnish maintenance to others by the principal would not be fulfilled in due time.