Quasi-contracts



Define quasi-contracts

Quasi-contracts are 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.


Kinds of quasi-contracts

1. Nominate
     a. Negotiorum gestio
     b. Solutio Indebiti

2. Innominate – those regulated by Arts. 2164 to 2174 of the Civil Code


Support given by a stranger

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. (Art. 2164, CC)


Funeral expenses borne by a third person

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. (Art. 2165, CC)


Support to an orphan, insane, indigent person given by a third person

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. 2166, CC)


When through an accident a person injured is treated or helped

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. 2167, CC)


When property is saved during a fire, flood, storm or other calamity

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. 2168, CC)


When government undertakes necessary work

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. 2169, CC)


When movables are commingled or confused

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. 2170, CC)


When lost property is found
The rights and obligations of the finder of lost personal property shall be governed by articles 719 and 720. (Art. 2171, CC)


Possessor in good faith right of reimbursement

The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by article 546. (Art. 2172, CC)


When a third person pays the debt without knowledge of the debtor.

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. 2173, CC)


When a person refuses to contribute but is benefited by a project

When in a small community a majority 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. 2174, CC)


When a person is constrained to pay the taxes of another

Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. (Art. 2175, CC)



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