1, Title XVII, of This Book. (N)
1, Title XVII, of This Book. (N)
1, Title XVII, of This Book. (N)
Article 2142. Certain lawful, voluntary and The responsibility of two or more officious
unilateral acts give rise to the juridical relation of managers shall be solidary, unless the
quasi-contract to the end that no one shall be management was assumed to save the thing or
unjustly enriched or benefited at the expense of business from imminent danger. (1890a)
another. (n)
Article 2147. The officious manager shall be
Article 2143. The provisions for quasi-contracts liable for any fortuitous event:
in this Chapter do not exclude other quasi-
contracts which may come within the purview of (1) If he undertakes risky operations
the preceding article. (n) which the owner was not accustomed to
embark upon;
SECTION 1
Negotiorum Gestio (2) If he has preferred his own interest to
that of the owner;
Article 2144. Whoever voluntarily takes charge
of the agency or management of the business or (3) If he fails to return the property or
property of another, without any power from the business after demand by the owner;
latter, is obliged to continue the same until the
termination of the affair and its incidents, or to (4) If he assumed the management in
require the person concerned to substitute him, bad faith. (1891a)
if the owner is in a position to do so. This
juridical relation does not arise in either of these Article 2148. Except when the management
instances: was assumed to save property or business from
imminent danger, the officious manager shall be
(1) When the property or business is not liable for fortuitous events:
neglected or abandoned;
(1) If he is manifestly unfit to carry on
(2) If in fact the manager has been the management;
tacitly authorized by the owner.
(2) If by his intervention he prevented a
In the first case, the provisions of articles 1317, more competent person from taking up
1403, No. 1, and 1404 regarding unauthorized the management. (n)
contracts shall govern.
Article 2149. The ratification of the management
In the second case, the rules on agency in Title by the owner of the business produces the
X of this Book shall be applicable. (1888a) effects of an express agency, even if the
business may not have been successful.
Article 2145. The officious manager shall (1892a)
perform his duties with all the diligence of a good
father of a family, and pay the damages which Article 2150. Although the officious
through his fault or negligence may be suffered management may not have been expressly
by the owner of the property or business under ratified, the owner of the property or business
management. who enjoys the advantages of the same shall be
liable for obligations incurred in his interest, and
The courts may, however, increase or moderate shall reimburse the officious manager for the
the indemnity according to the circumstances of necessary and useful expenses and for the
each case. (1889a)
Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter
1, Title XVII, of this Book. (n)
damages which the latter may have suffered in Article 2154. If something is received when
the performance of his duties. there is no right to demand it, and it was unduly
delivered through mistake, the obligation to
The same obligation shall be incumbent upon return it arises. (1895)
him when the management had for its purpose
the prevention of an imminent and manifest loss, Article 2155. Payment by reason of a mistake in
although no benefit may have been derived. the construction or application of a doubtful or
(1893) difficult question of law may come within the
scope of the preceding article. (n)
Article 2151. Even though the owner did not
derive any benefit and there has been no Article 2156. If the payer was in doubt whether
imminent and manifest danger to the property or the debt was due, he may recover if he proves
business, the owner is liable as under the first that it was not due. (n)
paragraph of the preceding article, provided:
Article 2157. The responsibility of two or more
(1) The officious manager has acted in payees, when there has been payment of what
good faith, and is not due, is solidary. (n)
(2) The property or business is intact, Article 2158. When the property delivered or
ready to be returned to the owner. (n) money paid belongs to a third person, the payee
shall comply with the provisions of article 1984.
Article 2152. The officious manager is (n)
personally liable for contracts which he has
entered into with third persons, even though he Article 2159. Whoever in bad faith accepts an
acted in the name of the owner, and there shall undue payment, shall pay legal interest if a sum
be no right of action between the owner and of money is involved, or shall be liable for fruits
third persons. These provisions shall not apply: received or which should have been received if
the thing produces fruits.
(1) If the owner has expressly or tacitly
ratified the management, or He shall furthermore be answerable for any loss
or impairment of the thing from any cause, and
(2) When the contract refers to things for damages to the person who delivered the
pertaining to the owner of the business. thing, until it is recovered. (1896a)
(n)
Article 2160. He who in good faith accepts an
Article 2153. The management is extinguished: undue payment of a thing certain and
determinate shall only be responsible for the
impairment or loss of the same or its
(1) When the owner repudiates it or puts
accessories and accessions insofar as he has
an end thereto;
thereby been benefited. If he has alienated it, he
shall return the price or assign the action to
(2) When the officious manager collect the sum. (1897)
withdraws from the management,
subject to the provisions of article 2144;
Article 2161. As regards the reimbursement for
improvements and expenses incurred by him
(3) By the death, civil interdiction, who unduly received the thing, the provisions of
insanity or insolvency of the owner or Title V of Book II shall govern. (1898)
the officious manager. (n)
Article 2162. He shall be exempt from the
SECTION 2 obligation to restore who, believing in good faith
Solutio Indebiti that the payment was being made of a legitimate
and subsisting claim, destroyed the document,
or allowed the action to prescribe, or gave up the
Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter
1, Title XVII, of this Book. (n)
pledges, or cancelled the guaranties for his right. Article 2169. When the government, upon the
He who paid unduly may proceed only against failure of any person to comply with health or
the true debtor or the guarantors with regard to safety regulations concerning property,
whom the action is still effective. (1899) undertakes to do the necessary work, even over
his objection, he shall be liable to pay the
Article 2163. It is presumed that there was a expenses.
mistake in the payment if something which had
never been due or had already been paid was Article 2170. When by accident or other
delivered; but he from whom the return is fortuitous event, movables separately pertaining
claimed may prove that the delivery was made to two or more persons are commingled or
out of liberality or for any other just cause. confused, the rules on co-ownership shall be
(1901) applicable.