Explanation of Article 526
The article refers to a reason for the termination of the custodian's mission without ending the guardianship itself, which is the custodian's abandonment of his work. This may also occur by dismissing the custodian, his death, or being declared legally incompetent. In such cases, the custodian's role ceases, but the guardianship remains. The article outlines the rules related to the custodian's abandonment of his work, whether the custodian is volunteering or working for a fee.
The first paragraph explains the ruling if the custodian is volunteering his work; he may leave the work whenever he wishes, but his resignation from the guardianship does not take effect until the concerned parties are notified to ensure the property is not left without supervision. In this case, he must continue the tasks he started until reaching a stage where abandonment does not harm the concerned parties, otherwise, he is liable for compensation. For example, if a volunteer custodian is guarding a farm and in the middle of the season informs the owner of his resignation, then leaves; the volunteer custodian is obliged to continue guarding it until a replacement is found, otherwise, he bears the damage caused to the farm.
However, if the custodian continues to guard it until a replacement is found, he is not liable for anything. The volunteer custodian cannot refuse to work except for a legitimate reason, and he does not have the right to compensation for any damage arising from his resignation, as his volunteering does not grant him any right to compensation. The paragraph states that he may abandon his work whenever he wishes, meaning he has the freedom to do so, but if he causes harm to the concerned parties, he is liable for compensation.
The second paragraph explains the ruling if the custodian is working for a fee; he is liable for compensation for any damage arising from his resignation at an inappropriate time, such as resigning before the agreed period ends, during a season when he cannot be replaced, or without an acceptable justification, even if the resignation is from work not yet started. This indicates his negligence in fulfilling his duties. For example, if the custodian agrees with the employer to guard a land for a year but resigns in the middle of the term without an acceptable reason, he is liable for compensation for the damage arising from that, even if the resignation is from work not yet started, as this resignation results in damage to the employer. Therefore, the custodian must perform the agreed work, whether for a fee or not, to avoid causing harm to the concerned parties.
Related To
Article 526
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If receivership is gratuitous, a receiver may withdraw therefrom at any time, provided that he notifies the concerned parties of such withdrawal and continues to perform his tasks until he becomes certain that the withdrawal would not cause harm to the concerned parties; otherwise, he shall be liable for compensation.
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If receivership is for a fee and the receiver withdraws therefrom, the receiver shall be liable for compensation for any harm sustained due to his withdrawal if such withdrawal was made at an inappropriate time or without an acceptable justification, even if it is made prior to commencing a task.