TITLE XVII EXTRA-CONTRACTUAL OBLIGATIONS

Chapter 1 QUASI - CONTRACTS

ART. 2142

 QUASI- CONTRACTS – is that juridical relation resulting from lawful, voluntary and unilateral acts
by virtue of which the parties become to each other to the end that no one will be unjustly
enriched or benefited at the expense of the other.
 UNJUST ENRICHMENT – there is a benefit on one person at the expense of the other

SECTIOM 1 NEGOTIORUM GESTIO

ART. 2144

 INSTANCES WHERE THERE IS NO NEGOTIORUM GESTIO

1. When the property or business is not neglected or abandoned.
2. The manager has been tacitly authorized by the owner
3. When the act is unlawful
4. No unjust enrichment
- The CONTRACT OF AGENCY will apply.

ART. 2145 ‘’ Obligations of an OFFICIOUS MANAGER”

 Officious Manager – person who voluntarily manages the business or property of the other
 OBLIGATIONS OF THE OFFICIOUS MANAGER
1. Perform his duties with the diligence of a good father of a family.
2. To PAY DAMAGES suffered by the owner through his fault or negligence.

ART. 2146 “LIABILITY OF 2 OR MORE OFFCIOUS MANAGER”

 G/R: “Their liability is SOLIDARY”

EXCEPT:
o When the management was assumed to save the thing or business from
imminent danger.

ART. 2147 “In case of FORTUITIOUS EVENTS”

 “The officious manager is LIABLE ”

Provided :
o If the officious manager undertakes risky operations which the owner
has not accustomed to embark upon
o If he has preferred his own interest to that of the owner
o If he fails to return the property or business after demand by the owner
o If he is in BAD FAITH
ART. 2148

 If the management was assumed to save property or business from imminent danger, THE
OFFCIOUS MANAGER SHALL ONLY BE LIABLE FOR FORTUITIOUS EVENTS if and only if:
o If he is unfit to carry on the management
o If he prevented a more competent person from taking up the
management.

ART. 2149

ART. 2150 – ART. 2151 “OBLIGATIONS OF THE OWNER”

A. IF THE OWNER IS BENEFITED

1. Liable for obligations incurred in his interest
2. Reimbursement for the expenses incurred by the officious manager
3. DAMAGES in which the officious manager may have suffered

B. NO BENEFIT TO THE OWNER

- He shall be liable to the above obligations provided:
1. When an act is done for the prevention of an imminent and manifest loss
2. Even if there has been no imminent loss and danger, the OFFICIOUS MANAGER
acted in good faith
3. The property or business is intact, ready to be returned to the owner.

ART. 1252 ‘’ CONTRACTS entered into by the officious manager’’

G/R: “HE IS PERSONALLY LIABLE”

EXCEPTIONS:

o If the owner has expressly or tacitly ratified the management

o When the contract refers to things pertaining to the owner of the
business

“In which cases, the principles of agency will apply. The officious manager has now become the
agent of the owner and therefore, the owner is personally liable for contracts entered to third
persons.”

ART. 2153 “EXTINGUSHMENT”

The management is extinguished:

1. When the owner puts an end thereto

2. The officious manager withdraws
3. By the death, civil interdiction, insanity or insolvency of the owner/officious manager
 SECTION 2 SOLOTIO INDEBITI

 Solution Indebiti- something is received when there is no right to receive it

 REQUISITES
o Delivery
o No right to demand
o It was delivered through mistake
 Presumption of MISTAKE – there is mistake when what has been delivered (performed) is not
due or what has already been paid is delivered (art. 2163)
 LIABILITY – SOLIDARY (art.2157)
 PAYEES OBLIGATION
A. IN BAD FAITH (art. 2159)
o Return
o Payment of legal interest
o Liable for the fruits
o Answerable for any loss or impairment of a thing certain
o Damages
B. IN GOOD FAITH (art. 2160)
o Responsible insofar as he has been thereby benefited
o He shall return the price or assign the action to collect the sum if he as
alienated it.
 WHEN MONEY OR PROPERTY BELONGS TO A THIRD PERSON (art. 2158, art. 1984)
 The payee must advice the third person and the latter must claim it
within 1 month. After he has failed to claim it within the prescribed
time, the payee is no longer responsible.

(SUMMARY ONLY HEHE)

SECTION 1 NEGOTIORUM GESTIO

 Negotiorum Gestio – voluntary management of someone’s property or business

 REQUISITES
o No meeting of minds
o Business must have been neglected or abandoned
o There must be taking charge of another
o Officious manager must not have been expressly/implicitly implied
o Officious manager voluntarily taken charge
 OBLIGATIONS OF OFFICIOUS MANAGER
o To continue the same until it is terminated (art.2144)
o To perform his duties with the proper diligence of a good father of a
family (art.2145)
o To pay damages
 oTo be liable for any fortuitous event provided:
 the officious manager undertakes risky operations which
the owner has not accustomed to embark upon
 he has preferred his own interest to that of the owner
 he fails to return the property or business after demand by
the owner
 he assumed the management in BAD FAITH
o in case of imminent loss and danger, he shall be liable to fortuitous
event if:
 if he is unfit to carry on the management
 if by his intervention, he prevented a more competent
person to carry on the management
 OBLIGATIONS OF THE OWNER
o To reimburse the officious manager
o To pay damages the latter has suffered
o To be liable for any obligations contracted by the officious manager IN
HIS INTEREST
 THE MANAGEMENT IS EXTINGUISHED
o When the owner puts an end thereto
o The officious manager withdraws
o By the death, civil interdiction, insanity or insolvency of the owner/officious
manager