OBLIGATIONS REVIEWERA. CONCEPTS AND ELEMENTS• An obligation is: (1) a juridical necessity: (a) togive [or not to give], (b) to do,(c) to not do.• Essential elements of an obligation: (1) vinculumjuris or legal tie; (2) object or prestation; (3) subjector persons.B. SOURCES OF OBLIGATIONS• (1) law; (2) contracts; (3) quasi-contracts; (4) actsor omissions punished by law (delicts); (5) quasi-delicts1. Law• Obligations from law: (1) not presumed; (2) onlythose derived from Civil Code or special laws aredemandable; (3) and they are governed by theCivil Code, or by the law that created them.2. Contracts• contracts: (1) have the force of law between thecontracting parties; (2) must be complied with ingood faith.• A contract is: (1) a meeting of the minds; (2)whereby one binds himself with respect to the other;(3) in order to give something or to render someservice.3. Quasi-contracts• Quasi-contracts are governed by the Civil Code.• Quasi-contract: (1) a juridical relation; (2) lawful,voluntary, and unilateral; (3) to the end that no-oneshall be unjustly enriched at the expense ofanother.• Quasi-contractual relationships are forced uponthe parties by operation of law, to prevent unjustenrichment.• Quasi-contracts are based on the presumed will ofthe obligor dictated by rules on equity: (1) it ispresumed that a person agrees to that which willbenefit him; (2) nobody wants to enrich himselfunjustly at the expense of another; (3) one must dounto others what he would want others to do untohim under the same circumstances.a. Negotiorum Gestio•Whoever voluntarily takes charge of themanagement of a business or property of anotherwithout any power from the latter is obliged: (1) tocontinue the same until the termination of the affairor its incidents; or (2) to require the personconcerned to substitute him if the person concernedis in a position to do so. EXCEPTIONS: (a) whenthe property or business is not neglected orabandoned; (b) if in fact the manager has beentacitly authorized by the owner.b. Solutio Indebiti• The obligation to return a thing arises: (1) when itis received; (2) when there is no right to demand it;(3) it was unduly delivered by mistake.• For the extra-contractual relationship of solutioindebiti to arise, the following requisites must beproven: (1) the absence of a right to collect theexcess sums; (2) the payment was made by mistake.4. Acts or Omissions Punished by Law (Delicts)• Civil obligations arising from criminal offensesshall be governed by the penal laws, subject to theprovisions of the Civil Code, regulating damages.5. Quasi-delicts• Obligations from quasi-delicts are governed by theCivil Code and by special laws.• Quasi-delict: an obligation to pay for the damagedone arises when: (1) someone causes damage toanother through an act or omission; (2) there beingfault or negligence; (3) and there is no pre-existingcontractual relation.