These contracts are also referred to as constructive contracts, since they arise in the absence of a contract between the two parties. However, if there is already an agreement, a quasi-contract cannot usually be applied. The law of obligations is an area of private law in the area of civil law and so-called „mixed“ legal systems. It is the regulatory framework that organizes and regulates rights and obligations between individuals. Specific rights and obligations are called obligations and this area of law deals with their creation, effects and erasure. Quasi-contracts define the obligation of one party to the other if it is held by the property of the original party. These parties may not necessarily have reached a prior agreement. The agreement is imposed by a judge as a remedy if Person A owes a debt to Person B because he is in possession of The property of Person A, directly or accidentally. The contract becomes enforceable if Person B decides to keep the object in question without paying it.

For example, a contractual obligation cannot generally be delegated if it involves a unique or artistic know-how that can only be carried out by the party concerned. Originally, the commitments were not part of Roman law, which dealt mainly with hereditary, property and family relationships. It developed as a solution to a gap in the system when one party committed injustices against another party. These situations were originally governed by a basic customary law of revenge. [2] This undesirable situation eventually turned into a system of responsibility in which people were first encouraged and then essentially forced to accept financial compensation from the criminal or his family, instead of seeking revenge. This marked an important turning point in the law away from revenge and balance. The state has supported these efforts by providing standardized amounts for certain errors. Thus, the first form of the right of duty stems from what we would now call Delict. [3] Quasi-contracts are supposed to be obligations very similar to contracts, but the main difference is that they are not created by a will agreement. The main cases are negotiorum gestio (executing another person`s affairs without his permission), unfair enrichment, and solutio indebiti. [11] This Roman classification is quite controversial for current standards, as many of these cases would be considered totally different from treaties (especially unfair enrichment) and would rather be considered crimes or special obligations. If you sign a contract with a clause that you believe violates your company`s moral obligations, that is not a valid legal reason for breaching the contract.