Obligations is a juridical necessity to give, to do or not to do.

Elements:

1.) Objective: not things or services. The object is always a Prestation (a particular conduct that is
required of the debtor in the performance of his duties) which is to give, to do or not to do. It is a
unitary concept and it not limited only to duties but also includes rights or credits depending on the
Point of View. On the side of Creditor (rights/credits/active side) and of Debtor (duties/debts/passive
side). In contract the objective element is either things or services.

2.) Subjective: A.) Active: In order for the duty to be performed, he must do something/he must make a
demand. B.) Passive: Depends on the action of the creditor.

3.) Vinculum Juris (Juridical Tie): Tie that binds the active and passive subject to the performance of that
prestation. Sources: A.) Law B.) Contracts C.) Quasi-Contracts D.) Delicts E.) Quasi-Delicts (Same as
sources of Obligation under Art. 1157 of the NCC).

Quasi-Contract is a juridical relation that arises from a certain act that is lawful (good faith), unilateral
(no consent) and voluntary (without being asked). (Art. 2142).

Negotiorum Gestio

Requisites:

1.) Arises when someone voluntarily assumes the management of business and property without being
asked.

2.) When the property or business is neglected or abandoned. If not, law on unauthorized contract shall
govern (Art. 1317, 1403, No.1 and 1404 of NCC).

3.) The owner must not be aware that someone voluntarily assumes the management of the business or
property. If the owner has consented, whether tacit/implied (took no action after having the knowledge
thereof) or express, law on contract shall govern.

4.) The act of the Gestor must done in good faith.

Obligations created by Negotiorum Gestio.

To continue the management of the business or property. Gestor cannot simply abandoned the
property again otherwise he will be held liable if the business or property will suffer from damages.

When the owner appears:

Gestor cannot require the owner to substitute for him in the management of business or property.
Except: If the owner is in a position to do so. Meaning obligation of the owner to manage the business or
property.

General Rule: (Art. 2152)

The officious manager is personally liable for contracts which he has entered into with third persons,
and there shall be no right of action between the owner and third persons.

Exception:

1.) If the owner has expressly or tacitly ratified the management, or

2.) When the contract refers to things pertaining to the owner of the business.

Officious manager receives no salary but he can reimburse for the necessary and useful expenses and
for the damages which have suffered in the performance of his duties (Art. 2150).

Solution Indebiti If something is received when there is no right to received it, and it was unduly
delivered through mistake, the obligation to return it arises.

Unjust Enrichment essentially contemplates the payment when there is no duty to pay, and the person
who receives the payment has no right to receive it.

Conditions:

1. That the defendant has been enriched;

2. That the plaintiff has suffered a loss;

3. That the enrichment of the defendant is without just or legal grounds;

4. That the plaintiff has no other action based on contract, quasi-contract, crime, or quasi-delict.

Art. 22 (Unjust Enrichment) is not Solutio Indebiti. Is not necessary made by mistake.

Similarities:

1. Both for the purpose to prevent the unjust enrichment.

2. Delivery of something where the one who deliver does not have the obligation to make the delivery.

3. Recipient does not have a right to the thing that was received by him.

4. The delivery was without just or legal grounds.

Delict

Crime has a dual nature:

1. Involves a public interest represented by state which offended by a crime. People v. The state is
primarily the offended party in the crime. All crimes are offense against the state.

2. Private offended party in a crime required to be indemnified (obligation arising from delicts).

Two kinds of acquittal

1. The accused is not the author of the act or omission complained of.

2. The guilt is not proven by quantum of evidence required by law (Proof beyond reasonable doubt).