FUNDAMENTALS OF THE LAWS, -A contract is a meeting of minds between two persons

whereby one binds himself, with respect to the other, to give

OBLIGATIONS AND CONTRACTS
something or to render some service.
OBLIGATION
3. Quasi- Contracts
It is a juridical necessity to give, to do or not to do.
-Certain lawful, voluntary and unilateral acts give rise to the
It needs to be juridical in nature in order for it to have the
juridical relation of quasi-contract to the end that no one shall be
force of law.
unjustly enriched or benefited at the expense of another
REQUISITE OF AN OBLIGATION TO ESIXT
-Quasi-contract arises because of these acts which might
1) Active subject - It is the party (creditor or oblige) who has result to an unjust enrichment.
the right to demand the performance of an obligation.
EXAMPLE OF QUASI-CONTRACTS
2. Passive subject - It is the one (debtor or obligor) who is
a. NEGOTIORUM GESTIO
obliged to perform the obligation.
- it is a voluntary administration of the property, business or affairs
3. Prestation - It is the object of the obligation. It
of another, without his consent or authority, that creates an obligation
4. Efficient Cause - The juridical tie that binds the parties to an for reimbursement for the necessary expenses the gestor had spent.
obligation
EXAMPLE OF QUASI-CONTRACTS
OBLIGATIONS ARISE FROM
b. SOLUTIO INDEBITI
1. Law
-it refers to payment by mistake.
-A law is a binding custom or practice of a community: a
-It is receiving payment by mistake that is not due or does not have
rule of conduct or action prescribed or formally recognized as
such right to demand such payment.
binding or enforced by a controlling authority.
-It creates an obligation to return such payment.
- Obligation derived from law must not be presumed.
4. Acts or omissions punishable by law
2. Contracts
-Civil obligations arising from criminal offenses shall be governed
by the penal laws.
-Obligations arising from contracts have the force of law
5. Quasi-Delict
between the contracting parties and should be complied with in good
faith.
-are acts or omissions that cause damage to another, there being fault
or negligence, is obliged to pay for the damage done but without any
pre-existing contractual relations between the party.