PART 4 Flashcards
– imposed by law itself; must be expressly or impliedly set forth and cannot be presumed
LAW
arise from stipulations of the parties: meeting of the minds / formal agreement
- must be complied with in good faith because it is the “law”
CONTRACTS
between parties; neither party may unilaterally evade his obligation in the contract, unless:
a) contract authorizes it
b) other party assents
arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another
QUASI-CONTRACTS
2 kinds QUASI-CONTRACTS
Negotiorum gestio
. Solutio indebiti
unauthorized management; This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority
Negotiorum gestio
undue payment; This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake
Solutio indebiti
– arisefrom civil liability which is the consequence of a criminal offense
DELICTS
arise from damage caused to another through an act or omission, there being no fault or negligence, but no contractual relation exists between the parties
QUASI-DELICTS / TORTS
1158
Obligations from law are not presumed.
Only those (1) expressly determined in this code or
(2) 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 code.