EXTRA-CONTRACTUAL

OBLIGATIONS
QUASI-CONTRACTS (ARTS. 2124-2176)
may be defined as those juridical
relations arising from lawful, voluntary
and unilateral acts of persons based
on the principle that no one shall be
unjustly enriched or benefited at the
expense of another. (Art. 2142, NCC)
Quasi-contracts are either:
o nominate or;
- 2 kinds of nominate:
Negotiorum gestio
Solutio indebiti
o Innominate these are contracts
regulated by Arts. 2164 to 2175,
NCC
Negotiorum Gestio

Refers to the juridical relation

which arises when a person
voluntarily takes charge of the
agency or management of the
business or property of another,
without any power from the latter,
as a consequence of which, he is
obliged to continue the same until
the termination of the affair and its
incidents, or to require the person
concerned to substitute him, if the
owner is in a position to do so.
Requisites:
(1) The gestor must voluntarily
assume
the
agency
or
management of the business or
property of another;
(2) The business or property must
be
either
neglected
or
abandoned;
(3) The agency or management
must not be authorized by the
owner
either
expressly
or
impliedly;

(4) The assumption of the agency

or management must be made
in good faith.
The gestor or officious manager is
liable for any fortuitous event:
(1) If
he
undertakes
risky
operation which the owner
was not accustomed to
embark upon;
(2) If he has preferred his own
interest to that of the owner;
(3) If he fails to return the
property or business after
demand by the owner;
(4) If
he
assumed
the
management in bad faith
(Art. 2147, NCC).

Except when the management was

assumed to save the property or
business from imminent danger, the
officious manager shall be liable for
fortuitous events:
(1) If he is manifestly unfit to carry
on the management;
(2) If by his intervention he
prevented a more competent
person from taking up the
management. (Art. 2148, NCC)
Solution Indebiti

Refers to the juridical relation

which arises whenever a person
unduly delivers a thing through
mistake to another who has no
right to demand it. (Art. 2154, NCC)
Requisites:
(1) There must be a payment or
delivery made by one person to
another;
(2) The person who made the
payment or delivery was under
no obligation to do so;

(3) The payment or delivery was

made by reason of mistake.
Obligations without an agreement are
those which are not based on contract.
-

Examples:
(1) A law was passed requiring the
payment of a specific kind of
tax.
(2) If something is received when
there is no right to demand it,
and it was unduly delivered
through mistake, the obligation
to return it arises (Art. 2154,
NCC).
(3) When a person voluntarily takes
charge of the agency or
management of the business or
property of another, without any
power from the latter, he is
obliged to continue the same
until the termination of the
affair and its incidents, or to
require the person concerned to
substitute him, if the owner is in
a position to do so. This juridical
relation does not arise in either
of these instances:
a. When the property or
business is not neglected
or abandoned;
b. If in fact the manager has
been tacitly authorized

by the owner (Art. 2144,

NCC).
(4) A person, through negligence,
caused damage or injury to
another.
(5) A person intentionally damages
a property of another.
(6) The obligation by the recipient
to return what has been paid or
delivered to him by mistake, the
recipient not having the right to
demand it, is one that arises
from quasi- contract (Art. 2154,
NCC).
(7) The obligation of the culprit to
pay actual damages for causing
the death of a person is one
which arises from delict or
crime (Art. 2206, NCC).
(8) The obligation of the tortfeasor
to pay damages for injuries or
damages caused by him to
another person due to his act or
omission, characterized by fault
or negligence, is one which
arises from quasi-delict (Art.
2176, NCC).
(9) The obligation to pay a reward
for
a
certain
act
or
accomplishment pursuant to a
promise made to the general
public is an obligation on a
unilateral promise.