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Article 1022: Responsibility of the trustee

📅 Updated: 30.09.2026

1. A trustee who has not exercised due diligence in the custody of the property for the benefit of the beneficiary or founder of the administration shall reimburse the beneficiary for loss The Panel recommends no award of compensation for loss of profits during the period of the trusting of the property, and for loss of or damage to the property, taking into account its natural wear and tear, as well as loss of profits. The trustee shall be liable for the loss suffered unless it proves that the loss was caused by the irresistible force or actions of the beneficiary or founder of the management 2. Obligations for a transaction made by a trustee in excess of the authority granted to him or her or in breach of the restrictions imposed on him or her shall be borne by the trustee If third parties involved in the transaction were not aware and should not have been aware of the excess of authority or of the restrictions imposed, the obligations arising are to be performed in order, 3. Debts incurred in respect of obligations arising out of the operation of the administration may then be claimed by the trustee for damages incurred by the trustee. In the event that the property is insufficient, the trustee ' s property may be recovered and the trustee ' s property may be recovered if the property is not sufficient. 4. A trust may be granted by the trustee for the property of the founder of the administration that has not been placed in trust. (b) A security deposit by the manager for damages that may be caused to the founder of the administration or to the beneficiary for the improper performance of the trust agreement.