Civil Law and Land Titles and Deeds › Quasi-contracts › Kinds › Solutio Indebiti

a. Distinguished from Accion In Rem Verso

Distinguished from “Implied Contracts”

An implied contract requires consent while a quasi-contract arises by operation of law from a lawful, voluntary, unilateral act, without an agreement of the parties (Civil Code, Art. 2142). The basis of an implied contract is the will of the parties while the basis of a quasi-contract is law, to the end that there be no unjust enrichment.

Characteristics of a Quasi-Contract

It must be lawful;
It must be unilateral; and
It must be voluntary.

Solutio indebiti (SI) v. Accion in rem verso (AIRV)

SOLUTIO INDEBITI	ACCION IN REM VERSO
As to mistake
Mistake is an essential element	Mistake is not necessary
*As to nature*
Creates an obligation to return something received when it was delivered through mistake and there was no right to demand it. (Civil Code, Art. 2154)	It is merely an auxilliary action, available only when there is no other remedy on contract, quasi-contract, crime or quasi-delict.

Authorities

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