One day, Li discovered a lethargic and unattended puppet cat on the rooftop of his residence. Seeing that the cat's fur was dirty and messy, suspected to be lost or abandoned, Li took it to a pet hospital for comprehensive examination and treatment out of a desire for treatment, spending more than 2000 yuan on examination fees.
On the way home after treatment, Li saw a cat search reward advertisement posted by Zhao in the elevator. After comparing the features, Li confirmed that he was rescuing the cat in the advertisement and immediately contacted Zhao.
That night, Zhao's boyfriend expressed gratitude to Li for his rescue actions through WeChat. After receiving the pet hospital bill, invoice, and examination report provided by Li, Zhao's boyfriend confirmed the amount of the examination fee and promised to refund it. Li returned the cat intact.
However, Zhao has never repaid the loan. After multiple unsuccessful reminders, Li sued Zhao in court.
After trial, the court found that Li had no legal obligation to examine and treat Zhao's lost pet cat after finding it. His purpose was to manage Zhao's affairs and avoid damage to his interests. It fully meets the constituent elements of unconditional management. After Li returned the cat, Zhao, as the beneficiary, should repay Li for the necessary examination expenses. The repayment promise given by Zhao's boyfriend during the communication process also gave Li reasonable trust.
In summary, the court found that Li's lawsuit request has factual and legal basis, and ruled in accordance with the law that the defendant Zhao should pay the plaintiff Li more than 2000 yuan for pet inspection fees.
According to the Civil Code, if the administrator has no legal or contractual obligation to manage the affairs of others in order to avoid losses to their interests, they may request the beneficiary to repay the necessary expenses incurred in managing the affairs.
Qi Rui, a judge from Songzhuang Court of Tongzhou District People's Court in Beijing, introduced that the legislative intention of this system is to encourage and affirm mutual assistance and good deeds among members of society. When someone, out of good intentions, voluntarily seeks to maintain or increase the interests of others in situations where obligations cannot be established or agreed upon, the law grants them the right to request the beneficiary to pay necessary management fees. This is both a commendation for good deeds and a balance of interests between the manager and the beneficiaries.
The establishment of the no cause management system is not to encourage excessive intervention in the affairs of others, but to prevent harm to their interests and promote the virtue of social mutual assistance. Qi Rui said that for pet owners, "getting back what they lost" is not a given. When a beloved pet goes missing and is discovered and returned by others, the rescuer also pays necessary expenses such as examination fees to ensure the pet's life and health. As the beneficiary, the cat owner should verify and proactively repay the loss as soon as possible.
For well intentioned rescuers, they also need to have a "sense of evidence" when doing good deeds. The judge suggested that when rescuing animals or handling other people's affairs, the "three reservations" should be made: 1) keep expense vouchers. Properly safeguard all invoices, bills, and receipts incurred for managing affairs; 2) Keep communication records. When communicating with the beneficiary, pay attention to clarifying the identities of both parties, confirming the cause of the transaction, detailing the expenses, and the other party's attitude towards confirming the responsibility through WeChat, SMS, and other means; 3) Retain on-site evidence. It is possible to take photos or videos of the state of stray animals when they are discovered, as a basis for subsequent explanation of the situation.
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