Working Without Power of Attorney (TBK art.526-531): Unauthorized Assistance

TBK art.526-531 regulates the situation of "performing someone else's work without a proxy relationship". This institution is applied in cases of emergency assistance and situations of common interest.

Two Types

• Performing necessary (useful) work: Urgent/necessary intervention for the concrete benefit of the employer.
• Unnecessary (useless) work: Intervention that is not in the interest of the employer or against his will.

Required Work (TBK article 526)

• The employee is responsible as if he were his representative.
• He may request a refund for his mandatory/beneficial expenses.
• Entitlement to compensation: for work of a service nature.
• Intervention made for the benefit of the employer, compensation for damages for the well-intentioned employee.

Typical Examples

• Repair the neighbor's roof to prevent rain damage.
• Finding the lost animal and paying veterinary expenses.
• Extinguishing a fire at the neighbor's house.
• Making and implementing urgent business decisions while the businessman is away.
• Emergency repair of common wall.

Obligations of the Business Owner

• Refund of mandatory expenses.
• Refund of beneficial expenses (to the extent beneficial).
• Compensation of damages to the intervening party.
• Reasonable compensation for the service (if the employee is a professional).

Unnecessary Work (TBK article 530)

• Intervention against the actual or possible will of the employer.
• The employee cannot claim benefits.
• The business owner can only pay for the part he "actually benefits" from.
• If damage occurs, the employee is responsible.

Approval of the Employer (TBK article 531)

If the employer subsequently approves the intervention, the relationship turns into an agency contract. In this case, the employee is considered as a representative.

Supreme Court 3rd HD and HGK — Established Approach

3. HD and HGK require that the estimate of the "real will of the employer" be evaluated with concrete evidence in working without power of attorney, that the difference between ordinary assistance and "working" be carefully drawn, and that documentation is required in expense claims.

Neighbour/Apartment Law

• The board of directors is authorized for interventions in common areas in the apartment.
• In case of emergency, a single floor owner can intervene; General provisions of KMK.
• Sharing upon subsequent approval by the board of directors.
• If rejected, action without power of attorney.

Distinction between "Good Faith" and "Bad Faith"

• Good faith worker: compensation for damages, not responsible for errors.
• Anyone acting in bad faith (for his own benefit): responsible for all damages, cannot claim expenses.

Timeout

• General statute of limitations is 10 years (TBK article 146).
• Special provisions when it comes within the scope of power of attorney.

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