Article 1160 Key Notes

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Article 1160 Key Notes

*Article 1160. Obligations derived from quasi-contracts shall be subject to the


provisions of Chapter 1, Title XVII of this Book
 Article 1160
- Obligations arising from quasi-contracts implied in law
- lawful, voluntary, unilateral acts
 Quasi-Contract - …no one will be unjustly enriched or benefited at the expense of another
- Not properly a contract
(1) Negotiorum Gestio
 Kinds of Quasi-Contracts (2) Solutio Indebiti
(3) Other Quasi-Contracts (Article 2164 – Article 2175)
- Voluntary management…without the knowledge or consent
 (1) Negotiorum Gestio
- Voluntary administration of the property of the business of another
 Negotiorum Gestio does not arise in
(1) When the property or business is not neglected or abandoned → Unauthorized
either of these instances:
Contract
(2) If in fact the manager has been tacitly authorized by the owner →Contract of Agency
- Walang Negotiorum Gestio kapag:
(A) X went to Baguio with his family without leaving somebody to look after his house
in Manila. While in Baguio, a big fire broke out near the house of X. Through the effort
of Y, a neighbor, the house of X was saved from being burned. Y, however, incurred
 Example: Negotiorum Gestio expenses.

- In this case, X has the obligation to reimburse Y for said expenses, although he did not
actually give his consent to the act of Y in saving his house, on the principle of quasi-contract.
- something is received when there is no right to demand it and it was unduly delivered
through mistake
 (2) Solutio Indebiti
- obligation to return arises
- no one shall enrich himself unjustly at the expense of another
(1) There is no right to receive the thing delivered
 Requisites: Solutio Indebiti
(2) The thing was delivered through mistake
(A) D owes C P1,000. If D paid T believing that T was authorized to receive payment
 Example: Solutio Indebiti for C, the obligation to return on the part of T arise. If D paid C P2,000 by mistake, C
must return the excess of P1,000.
 (3) Other Quasi-Contracts - Provided in Articles 2164 – 2175 of the Civil Code

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