You are on page 1of 5

Art. 1156. An obligation is a juridical necessity to give, to do or not to do.

(n)
Art. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Art. 1158. Obligations derived from law are not presumed. Only those expressly
determined in this Code or in special laws are demandable, and shall be regulated by the
precepts of the law which establishes them; and as to what has not been foreseen, by the
provisions of this Book. (1090)
Art. 1159. Obligations arising from contracts have the force of law between the contracting
parties and should be complied with in good faith. (1091a)
Art. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of
Chapter 1, Title XVII, of this Book. (n)
Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal
laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating
damages. (1092a)
Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by special laws. (1093a)

Title II. - CONTRACTS


CHAPTER 1
GENERAL PROVISIONS
Art. 1305. A contract is a meeting of minds between two persons whereby one binds
himself, with respect to the other, to give something or to render some service. (1254a)
Title XVII. - EXTRA-CONTRACTUAL OBLIGATIONS

CHAPTER 1
QUASI-CONTRACTS
Art. 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of
quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense
of another. (n)
Art. 2143. The provisions for quasi-contracts in this Chapter do not exclude other quasicontracts which may come within the purview of the preceding article. (n)
SECTION 1. - Negotiorum Gestio
Art. 2144. Whoever voluntarily takes charge of the agency or management of the business
or property of another, without any power from the latter, 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:
(1) When the property or business is not neglected or abandoned;
(2) If in fact the manager has been tacitly authorized by the owner.
In the first case, the provisions of Articles 1317, 1403, No. 1, and 1404 regarding
unauthorized contracts shall govern.
In the second case, the rules on agency in Title X of this Book shall be applicable. (1888a)
SECTION 2. - Solutio Indebiti
Art. 2154. 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. (1895)
SECTION 3. - Other Quasi-Contracts
Art. 2164. When, without the knowledge of the person obliged to give support, it is given by
a stranger, the latter shall have a right to claim the same from the former, unless it appears
that he gave it out of piety and without intention of being repaid. (1894a)
Art. 2165. When funeral expenses are borne by a third person, without the knowledge of
those relatives who were obliged to give support to the deceased, said relatives shall
reimburse the third person, should the latter claim reimbursement. (1894a)
Art. 2166. When the person obliged to support an orphan, or an insane or other indigent
person unjustly refuses to give support to the latter, any third person may furnish support

to the needy individual, with right of reimbursement from the person obliged to give
support. The provisions of this article apply when the father or mother of a child under
eighteen years of age unjustly refuses to support him.
Art. 2167. When through an accident or other cause a person is injured or becomes
seriously ill, and he is treated or helped while he is not in a condition to give consent to a
contract, he shall be liable to pay for the services of the physician or other person aiding
him, unless the service has been rendered out of pure generosity.
Art. 2168. When during a fire, flood, storm, or other calamity, property is saved from
destruction by another person without the knowledge of the owner, the latter is bound to
pay the former just compensation.
Art. 2169. When the government, upon the failure of any person to comply with health or
safety regulations concerning property, undertakes to do the necessary work, even over his
objection, he shall be liable to pay the expenses.
Art. 2170. When by accident or other fortuitous event, movables separately pertaining to
two or more persons are commingled or confused, the rules on co-ownership shall be
applicable.
Art. 2171. The rights and obligations of the finder of lost personal property shall be
governed by Articles 719 and 720.
Art. 2172. The right of every possessor in good faith to reimbursement for necessary and
useful expenses is governed by Article 546.
Art. 2173. When a third person, without the knowledge of the debtor, pays the debt, the
rights of the former are governed by Articles 1236 and 1237.
Art. 2174. When in a small community a nationality of the inhabitants of age decide upon a
measure for protection against lawlessness, fire, flood, storm or other calamity, any one
who objects to the plan and refuses to contribute to the expenses but is benefited by the
project as executed shall be liable to pay his share of said expenses.
Art. 2175. Any person who is constrained to pay the taxes of another shall be entitled to
reimbursement from the latter.
Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's own
acts or omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the
damages caused by the minor children who live in their company.

Guardians are liable for damages caused by the minors or incapacitated persons who are
under their authority and live in their company.
The owners and managers of an establishment or enterprise are likewise responsible for
damages caused by their employees in the service of the branches in which the latter are
employed or on the occasion of their functions.
Employers shall be liable for the damages caused by their employees and household helpers
acting within the scope of their assigned tasks, even though the former are not engaged in
any business or industry.
The State is responsible in like manner when it acts through a special agent; but not when
the damage has been caused by the official to whom the task done properly pertains, in
which case what is provided in Article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages
caused by their pupils and students or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned
prove that they observed all the diligence of a good father of a family to prevent damage.
(1903a)
Art. 218. The school, its administrators and teachers, or the individual,
entity or institution engaged in child are shall have special parental authority
and responsibility over the minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all authorized activities whether
inside or outside the premises of the school, entity or institution. (349a)
Art. 129. Those given the authority and responsibility under the preceding
Article shall be principally and solidarily liable for damages caused by the
acts or omissions of the unemancipated minor. The parents, judicial
guardians or the persons exercising substitute parental authority over said
minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall
not apply if it is proved that they exercised the proper diligence required
under the particular circumstances.

All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts. (n)
Chapter 3. Effect of Parental Authority