Obligations: Sources of obligations:

1. Concept of Solutio Indebiti
in solutio indebity remember that if there is a
contract bet. The party case of overpayment, there
is a contract, the recovery of overpayment will
not be pursuant to the concept of solutio indebiti
if there is a contract bet the parties.
For ex. Contract of lease, the MIA one of the
lessee. Subsequently,during the effectivity of the
contract the MIA increase the amount of rentals.
The lessee paid the increase rentals under protest
and subsequently the inc. in the rentals was
declared invalid by the court because of the
failure of MIA to comply with the necessary
administrative issuances. Subs. The lesse filed an
action for the recovery of overpayment, the court
denied the recovery on the recovery on the ground
the action was already prescribed. It was the
contetntion of the court the action is based on
solutio indebiti that the action shall be in 6years.
The SC ruled there is a conteact bt. The parties
the recovery of the overpayment should not be
pursuant to solutio indebity but contract existing
bet. The parties. Since the recovery is based on
written contract 10 year period will apply and not
the 6years.
there is a contract bet. The parties, and tehre is at
the same time that which is the reason of the
breach of contract is delict.
Q: can you also recover under the concept of
quasi delict:
Ex: there is a passenger rode a taxi but the taxi is
not own by the taxi driver but by the taxi operator.
(employer) but because of the recklessnes of the
dirver, the passenger suffered injury.
Sources of obligations (3 possible sources of obli
are the ff)
1. breach of contracts
2. commission of crim reckles imprudence
resulting to p.i.
may recovery be the basis of Quasi-delict, in that
situation even if the negligence is criminal in
nature. The concept of quasi delict is not limited

Solutio indebiti the source is quasi contracts

in re in verso the source is law

according to the court, the concpet of inreinverson

will only applicable if the plaintif if no other legal
remedy. If the recovery is already within the
concept of solutio indebity.

Solutio indebity necisitates the payment made by

reason of mistake which is not a requiermnt in re
in verso. What kind of mistake in solutio indebity,
the mistake must be mistake of fact, or mistake in
doubtful provision of the law.

Mistake of fact or Mistake of doubtful provision

of law, that is a case of solutio indebiti.

Ubjust enrichment, recovery is under the concept

of in re in verso.