ABSTRACT
In Italian law, the concept of quasi-contractual obligations is much more developed than in English law. Indeed, it is fair to say that quasi-contracts are more highly developed in civil law systems generally than in those of the common law. Four types of quasi-contractual obligation were recognized in the emperor Justinian's compilations, including the pecuniary obligations arising from joint ownership and from the relationship between guardian and ward, the two major headings of quasi-contract were negotiorum gestio and indebiti solutio. This chapter examines the area with indebiti solutio, money paid or property handed over under a mistake of fact, as this is an area known to English law and affords a particularly clear illustration of the basic principles underlying this department of the law of obligations. Italian law recognizes that there is in typical fact situation an obligation on the part of the beneficiary to recompense the benefactor.
