quasicontractuele

Quasicontractual obligations, known in Dutch as quasi-contractuele verplichtingen, are obligations imposed by law in the absence of an express contract, in order to prevent unjust enrichment or regulate certain legal relationships. They are a distinct category in many civil law systems, lying between contracts and torts and arising from the law rather than from voluntary promises.

Origin and scope: The concept covers situations where no contract exists but one party would be unjustly enriched at another’s expense, or where someone manages another’s affairs without authorization, or where a payment was made without a legal obligation. The law imposes duties to restore the value of the benefit received, or to reimburse costs incurred, even though no contract binds the parties.

Examples: Unjust enrichment occurs when one party benefits at another’s expense without a legal basis, allowing the aggrieved party to claim restitution. Negotiorum gestio refers to the voluntary management of another’s affairs when appropriate and effective, potentially entitling the manager to compensation and reimbursement of expenses. Payments made without obligation or under mistake may be recoverable, as may other benefits conferred without a contractual basis.

Remedies and limitations: The primary remedy is restitution of the value of the benefit or reimbursement of expenses, guided by principles of proportionality and good faith. Quasicontractual obligations differ from actual contracts (which arise from agreement) and from delicts or torts (which require fault), but they interact with both in civil-law regimes. See also quasi-contract, unjust enrichment, negotiorum gestio, and civil code.