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  • Anamika Shakya (18785) - Section 652 To Section 655 Section 652-Reasonable Costs To Be Paid For Saving Property in Times of Disaster

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    The document summarizes sections 652-655 of Nepal's National Civil Code relating to reimbursement of expenses. Section 652 discusses reimbursing expenses incurred when protecting property during disasters. Section 653 covers the right to claim reimbursement when fulfilling an obligation benefits another. Section 654 addresses claiming reimbursement for maintaining another person. Section 655 describes the right to claim funeral expenses from a deceased's successor or relatives.

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    The document summarizes sections 652-655 of Nepal's National Civil Code relating to reimbursement of expenses. Section 652 discusses reimbursing expenses incurred when protecting property during disasters. Section 653 covers the right to claim reimbursement when fulfilling an obligation benefits another. Section 654 addresses claiming reimbursement for maintaining another person. Section 655 describes the right to claim funeral expenses from a deceased's successor or relatives.

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    29 views6 pages

    Anamika Shakya (18785) - Section 652 To Section 655 Section 652-Reasonable Costs To Be Paid For Saving Property in Times of Disaster

    Uploaded by

    Anamika Shakya
    The document summarizes sections 652-655 of Nepal's National Civil Code relating to reimbursement of expenses. Section 652 discusses reimbursing expenses incurred when protecting property during disasters. Section 653 covers the right to claim reimbursement when fulfilling an obligation benefits another. Section 654 addresses claiming reimbursement for maintaining another person. Section 655 describes the right to claim funeral expenses from a deceased's successor or relatives.

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    Anamika Shakya(18785)- Section 652 to Section 655

    Section 652-Reasonable costs to be paid for saving property in times


    of disaster:
    The section 652 of Chapter 15-Part V of the National Civil Act, 2017

    describes that if any person or individual protects any kind of property during the

    time of natural disaster like landslide, flood, storm, earthquake without the owner

    being aware about such act of protection of that person then in that case the owner

    is liable to reimburse or repay all the expenses incurred during the protection of

    such property to the person who saved or protected the property.

    For example

    If A protected the livestock of B in the farm during flood without B ’s

    awareness about such protection of his property and during the process of

    protection of livestock of B by A, A got injured during his act of protection as well

    as A took care of the animals by feeding and caring them then in such case B is

    liable to pay the health expenses of A as well as other expenses incurred during the

    protection of the livestock since A is the one who protected B’s property during the

    flood.
    Section 653: Right to claim reimbursement

    The sub section 1 of the section 653 of chapter 15 -Part 5 explains that if a

    person who is liable to pay the obligation, fulfills any kind of the obligation in

    his/her own expenses but if the other person gets any kind of benefit from the

    fulfillment of such obligation then the person paying the obligation has the right to

    claim the reimbursement of the amount from the person who got the benefit.

    For example if Krish and Ram are two partners who runs a business. The

    electricity bill has to paid to the government on time by Krish and Ram equally but

    Ram refuses to pay half of the rent due to some financial issues at present. So, if

    Krish paid the electricity bill for the office then Ram is also getting benefit from it

    without paying anything then in such case Krish can claim reimbursement of the

    expense incurred from Ram. He can ask for the equal division of the expense from

    Ram in such case.

    Another example is If Roshil is a landlord and he has leased his land to

    Rozan , a farmer. However, if Roshil, the landlord fails to pay the amount due on

    the land to the bank. Even after sending notice and not receiving the amount from

    Roshil, the bank publishes the advertisement to sell the land. But according to the

    law once the land is sold , Rozan’s lease agreement is annulled. In the meantime,
    Rozan does not want the land to be sold as he has worked hard on the land and the

    land is also producing crops well. So, Rozan paid the amount due on the land to the

    bank so as to prevent the land from being sold. Here , the land got saved from

    being sold without the contribution of the land owner, Roshil. Therefore ,a quasi-

    contract is initiated where Roshil the land owner is obligated to repay the said

    amount to Rozan.

    But notwithstanding anything contained in sub-section (1) if a person fulfills

    any obligation for any illegal purpose then is such case a person shall not be

    entitled to claim reimbursement from the same. For example If A promises B to

    supply illegal drugs to B in exchange of B paying certain amount of money in

    advance to A and if B paid the full amount to A in advance but A didn’t keep the

    promise and ran away with the money from B then in such case B cannot reclaim

    such reimbursement as the activity was illegal.

    Section 654: Right to claim for maintenance:

    The section 654 describes that in the case where a person rears and

    maintains another person without the awareness of the person who is actually

    obliged to rear and maintain the other person then the person who actually is
    taking care and rearing the person has the right to claim the amount for such

    rearing and maintenance from the person under obligation.

    For example :Suppose let us assume that in a case a child named Harry went

    missing and if a person ,Peter found him and if Peter took care of that child until

    he found the identity of the Harry’s parent .So when Peter finds the true parents of

    Harry ,at that time Peter has the right to claim the expenses incurred while rearing

    and caring of Harry from Harry’s parents.

    But in the case where the person is taking care and maintaining another

    person due to his compassion, intention or gratification then in such case he/she

    shall not be entitled to claim such amount.

    Similarly another example can be taken like if there is a situation where

    John’s pet dog ran away from the house into the road but John is unaware about

    the fact that his pet is missing from the house and in the meantime if Olive found

    the dog injured in the road so, Olive took the dog in his house where Olive took

    care of John’s pet. Olive fed and treated the dog with medicines. Later when John

    found out that his pet is fine and is under the care of Olive. Now, Olive can claim

    the expenses incurred while taking care of John’s dog from John ,if Olive wants

    the reimbursement.
    But if Olive decides to bear all the expenses of the dog as he decided to

    maintain the dog by way of compassion or gratification or with intention to do so

    gratuitously, then in such case, John is not obliged to pay the expenses incurred to

    Olive as it was done with his good intention , compassion and gratification.

    Section 655 -Successor to reimburse expenses incurred in obsequies


    of deceased:

    The section 655 of Part V of the National Civil act, 2017 explains that in the

    situation like the death of a person, if any individual performs the funeral and

    obsequies acts of the deceased in accordance to his or her rituals and traditions

    without providing the information about it to the successor or the close relative of

    the deceased then in such situation the person who performed the funeral has the

    right to claim the expenses which is incurred in the performance of such funeral

    and obsequies acts from either the closest heir or in absence of the heir , the

    relative of the deceased one.

    For example if Ram, whose children are living in abroad, got into an

    accident and he dies on the spot and in such case Hari,a friend of Ram decided to

    conduct the funeral according to his tradition in absence of Ram’s children

    awareness about their father’s death. In such case Hari, can claim the expenses
    incurred during the funeral of Ram either from Ram’s children or from Ram’s

    closed relatives.

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