Professional Documents
Culture Documents
(1) When the property or business is not neglected or Art. 2147. The officious manager shall be liable for any
abandoned; fortuitous event:
(2) If in fact the manager has been tacitly authorized by (1) If he undertakes risky operations which the owner
the owner. was not accustomed to embark upon;
(2) If he has preferred his own interest to that of the imminent and manifest loss, although no benefit may
owner; have been derived. (1893)
(3) If he fails to return the property or business after Art. 2151. Even though the owner did not derive any
demand by the owner; benefit and there has been no imminent and manifest
danger to the property or business, the owner is liable as
(4) If he assumed the management in bad faith. (1891a) under the first paragraph of the preceding article,
Art. 2148. Except when the management was assumed provided:
to save property or business from imminent danger, the (1) The officious manager has acted in good faith, and
officious manager shall be liable for fortuitous events:
(2) The property or business is intact, ready to be
(1) If he is manifestly unfit to carry on the management; returned to the owner. (n)
(2) If by his intervention he prevented a more competent Art. 2152. The officious manager is personally liable for
person from taking up the management. (n) contracts which he has entered into with third persons,
Art. 2149. The ratification of the management by the even though he acted in the name of the owner, and
owner of the business produces the effects of an express there shall be no right of action between the owner and
agency, even if the business may not have been third persons. These provisions shall not apply:
successful. (1892a) (1) If the owner has expressly or tacitly ratified the
Art. 2150. Although the officious management may not management, or
have been expressly ratified, the owner of the property or (2) When the contract refers to things pertaining to the
business who enjoys the advantages of the same shall owner of the business. (n)
be liable for obligations incurred in his interest, and shall
reimburse the officious manager for the necessary and Art. 2153. The management is extinguished:
useful expenses and for the damages which the latter
may have suffered in the performance of his duties. (1) When the owner repudiates it or puts an end thereto;
The same obligation shall be incumbent upon him when (2) When the officious manager withdraws from the
the management had for its purpose the prevention of an management, subject to the provisions of Article 2144;
(3) By the death, civil interdiction, insanity or insolvency He shall furthermore be answerable for any loss or
of the owner or the officious manager. (n) impairment of the thing from any cause, and for damages
to the person who delivered the thing, until it is
recovered. (1896a)
SECTION 2. - Solutio Indebiti Art. 2160. He who in good faith accepts an undue
payment of a thing certain and determinate shall only be
Art. 2154. If something is received when there is no right responsible for the impairment or loss of the same or its
to demand it, and it was unduly delivered through accessories and accessions insofar as he has thereby
mistake, the obligation to return it arises. (1895) been benefited. If he has alienated it, he shall return the
price or assign the action to collect the sum. (1897)
Art. 2155. Payment by reason of a mistake in the
construction or application of a doubtful or difficult Art. 2161. As regards the reimbursement for
question of law may come within the scope of the improvements and expenses incurred by him who unduly
preceding article. (n) received the thing, the provisions of Title V of Book II
shall govern. (1898)
Art. 2156. If the payer was in doubt whether the debt was
due, he may recover if he proves that it was not due. (n) Art. 2162. He shall be exempt from the obligation to
restore who, believing in good faith that the payment was
Art. 2157. The responsibility of two or more payees, when being made of a legitimate and subsisting claim,
there has been payment of what is not due, is solidary. destroyed the document, or allowed the action to
(n) prescribe, or gave up the pledges, or cancelled the
guaranties for his right. He who paid unduly may proceed
Art. 2158. When the property delivered or money paid
only against the true debtor or the guarantors with regard
belongs to a third person, the payee shall comply with the
to whom the action is still effective. (1899)
provisions of article 1984. (n)
Art. 2163. It is presumed that there was a mistake in the
Art. 2159. Whoever in bad faith accepts an undue
payment if something which had never been due or had
payment, shall pay legal interest if a sum of money is
already been paid was delivered; but he from whom the
involved, or shall be liable for fruits received or which
return is claimed may prove that the delivery was made
should have been received if the thing produces fruits.
out of liberality or for any other just cause. (1901) services of the physician or other person aiding him,
unless the service has been rendered out of pure
generosity.
SECTION 3. - Other Quasi-Contracts
Art. 2168. When during a fire, flood, storm, or other
calamity, property is saved from destruction by another
Art. 2164. When, without the knowledge of the person person without the knowledge of the owner, the latter is
obliged to give support, it is given by a stranger, the latter bound to pay the former just compensation.
shall have a right to claim the same from the former,
unless it appears that he gave it out of piety and without Art. 2169. When the government, upon the failure of any
intention of being repaid. (1894a) person to comply with health or safety regulations
concerning property, undertakes to do the necessary
Art. 2165. When funeral expenses are borne by a third work, even over his objection, he shall be liable to pay
person, without the knowledge of those relatives who the expenses.
were obliged to give support to the deceased, said
relatives shall reimburse the third person, should the Art. 2170. When by accident or other fortuitous event,
latter claim reimbursement. (1894a) movables separately pertaining to two or more persons
are commingled or confused, the rules on co-ownership
Art. 2166. When the person obliged to support an shall be applicable.
orphan, or an insane or other indigent person unjustly
refuses to give support to the latter, any third person may Art. 2171. The rights and obligations of the finder of lost
furnish support to the needy individual, with right of personal property shall be governed by Articles 719 and
reimbursement from the person obliged to give support. 720.
The provisions of this article apply when the father or
mother of a child under eighteen years of age unjustly Art. 2172. The right of every possessor in good faith to
refuses to support him. reimbursement for necessary and useful expenses is
governed by Article 546.
Art. 2167. When through an accident or other cause a
person is injured or becomes seriously ill, and he is Art. 2173. When a third person, without the knowledge of
treated or helped while he is not in a condition to give the debtor, pays the debt, the rights of the former are
consent to a contract, he shall be liable to pay for the governed by Articles 1236 and 1237.
Art. 2174. When in a small community a nationality of the Art. 2178. The provisions of Articles 1172 to 1174 are
inhabitants of age decide upon a measure for protection also applicable to a quasi-delict. (n)
against lawlessness, fire, flood, storm or other calamity,
any one who objects to the plan and refuses to contribute Art. 2179. When the plaintiff's own negligence was the
to the expenses but is benefited by the project as immediate and proximate cause of his injury, he cannot
executed shall be liable to pay his share of said recover damages. But if his negligence was only
expenses. contributory, the immediate and proximate cause of the
injury being the defendant's lack of due care, the plaintiff
Art. 2175. Any person who is constrained to pay the may recover damages, but the courts shall mitigate the
taxes of another shall be entitled to reimbursement from damages to be awarded. (n)
the latter.
Art. 2180. The obligation imposed by Article 2176 is
demandable not only for one's own acts or omissions, but
CHAPTER 2 also for those of persons for whom one is responsible.
Art. 2188. There is prima facie presumption of negligence (3) By the falling of trees situated at or near highways or
on the part of the defendant if the death or injury results lanes, if not caused by force majeure;
from his possession of dangerous weapons or (4) By emanations from tubes, canals, sewers or deposits
substances, such as firearms and poison, except when of infectious matter, constructed without precautions
the possession or use thereof is indispensable in his suitable to the place. (1908)
occupation or business. (n)
Art. 2192. If damage referred to in the two preceding
Art. 2189. Provinces, cities and municipalities shall be articles should be the result of any defect in the
liable for damages for the death of, or injuries suffered by, construction mentioned in Article 1723, the third person
any person by reason of the defective condition of roads, suffering damages may proceed only against the
streets, bridges, public buildings, and other public works engineer or architect or contractor in accordance with
under their control or supervision. (n) said article, within the period therein fixed. (1909)
Art. 2190. The proprietor of a building or structure is Art. 2193. The head of a family that lives in a building or a
responsible for the damages resulting from its total or part thereof, is responsible for damages caused by things
partial collapse, if it should be due to the lack of thrown or falling from the same. (1910)
necessary repairs. (1907)
Art. 2194. The responsibility of two or more persons who
Art. 2191. Proprietors shall also be responsible for are liable for q
damages caused: