Evangelos Pournaras, "The claim of the governor to reimbursement of expenses actually made pursuant to an invalid foreign case management agreement under genuine legitimate gestio", EfAD, t. 11/2009
In cases where someone takes care of a foreign matter under an invalid contract, even if it conducts the relevant case according to the interest and the real or presumed will supposedly counterparty, although strongly disputed whether reserves claim against the owner of the case for reimbursement of expenses made under Article 736 AK.
This question, concerning first subscription in this case the strict sense of the conditions of genuine legitimate gestio, It becomes even more pronounced when the nullity of the contractual relationship between the commander with the principal of the case because it comes up against prohibitive provision of law or morality. This is because any affirmation right of the Governor to demand the reimbursement of expenditure incurred by (it seems that) leads to contradictions with overall ratings of Greek lawmaker, creating cracks in the unity of the legal order. The lifting of the looming conflict can be achieved in the most appropriate manner, if no apply in this case the setting of AK 722 in which the AK refers 736, The commander made costs for managing a case in implementation of an invalid, because in contrast prohibitive provision of law or morality, contract with the owner of, You can not claim from the latter their performance.