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The Source Of An Obligation Which Is Based On The Agreement Of The Parties

// Author: James // 0 Comments

Solutio indebiti refers to payment by mistake. It receives a payment by mistake that is not due or is not entitled to demand such payment. It imposes an obligation to return such a payment. Certain legitimate, voluntary and unilateral acts lead to a legal relationship between the quasi-contract to the end, which no one should be unduly enriched or favoured at the expense of another quasi-contract,8. Unjust enrichment is occurring when one person wrongly retains an advantage in the loss of another who opposes the fundamental principles of justice, justice and good conscience. Justinian first defines an obligation (compulsory)[6] in his institutions, Book 3, Section 13, as “a legal link with which we are obliged to do an act according to the laws of our state.” [7] It separates the law from obligations in contracts, misdemeanours, quasi-contracts and quasi-offences. FRAUD (dolo) – the deliberate circumvention of the faithful performance of an obligation; NEGLIGENCE (Culpa or fault) – voluntary act or failure to do due diligence, there is no malice that prevents the normal performance of an obligation; DELAY (mora) – delay or delay in the performance of an obligation after it was due and as required; CONTRAVENTION OF TERMS OF OBLIGATION – Violation of the terms of the undertaking; this should not be due to an accidental event. The insolvency of a debtor will not increase the liability of its co-debtors and will not allow a creditor to request anything from the co-creditors. If Husserl and Merleau-Ponty are Sartre`s debtors for P1,000,000.00 and Husserl becomes insolvent, Merleau-Ponty`s liability will be only P500,000.00, which would end its proportional share of 1/2 in joint and several liability.

The word derives from the Latin “compulsory,” which comes from the root “lig,” which indicates being bound, as is for example in “re-ligio” to God. [1] This term first appears in Plautus Truculentus`s play at line 214. DILIGENCE KINDS: 1. DILIGENCE OF A GOOD FATHER – a good father does not leave his family, he is always ready to provide for and protect his family; Ordinary nobdie that an average and reasonable man would do. 2. Diligence required by law for the respective obligation 3. Diligence prescribed by the parties, unless the parties determine otherwise. A contract is a meeting of minds between two people where one commits himself in relation to the other, to give something or to do something. (125bis).6 A contract under art. 1159 and 1305 oblige two persons to fulfil an obligation on their own on the basis of their convention, which has a force of right in them and which must be carried out in good faith. Both people are the active and passive subject, while their agreement and what they have agreed are the station and the effective cause.

delivery of a particular thing identified by their individuality: impossible. The latter is transformed into a simple commitment. One of the first known classifications was established by Gaius within its institutions, which split ex-contracted liabilities (equity obligations) and ex delicto bonds (obligations arising from illegal activities).

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