Lecture 1 Part 1

68問 • 1年前

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defined as a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.

Specific or Material Sense

defined as the mass of obligatory rules established for the purpose of governing the relations of persons in society

General or Abstract Sense

any rule or action or any system of uniformity.

Law

Subjects of Law

Divine, Moral, Natural, Physical, State

divine inspiration in man of the sense of justice, fairness and righteousness

Natural

basic understanding of right and wrong based on an understanding of the fundamental standard or criterion of good and evil

Natural

law of religion and faith which concerns itself with the concept of sin and salvation

Divine

Moral Law influenced the ____ law

state

For example polygamy is considered immoral in the Philippines whereas, it is allowed in some parts of the world.

Moral

totality of the norms of good and right conduct

Moral Law

also called positive law, municipal law, civil law, or imperative law

State Law

The more conspicuous ones are the law of gravitation and the law of chemical combination

Physical Law

promulgated and enforced by the state

State

Law is intended by man to serve man. It regulates the relations of people to maintain harmony in society and to make order and co-existence possible.

It is of common observance and benefits

Law are enacted by the legislative branch, the Congress, of our government. The local government units are also empowered to enact ordinances which have a binding force of laws.

It is promulgated by legitimate authority

Law tells us what shall be done and what shall not be done.

It is a rule of conduct

Law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience.

It is obligatory

Sources of Law

Constitution, Legislation, Administrative or Executive Order, Judicial Decision or Jurisprudence, Custom

written instrument by which the fundamental powers of government are established, limited, and define

Constitution

consists in the declaration of legal rules by competent authority and includes ordinances enacted by local government units

Legislation

clarifies or explain the law and carry into effects in general provisions.

Administrative or Executive Order

decision of the courts particularly the Supreme Court, applying or interpreting the laws or Constitutions form part of the legal system of the Philippines.

Judicial Decision or Jurisprudence

Jurisprudence or Judicial Decision is also known as

doctrine of precedent, stare decisis

habits and practices which through long and uninterrupted usage have become acknowledge and approved by society as binding rules of conduct

Custom

Classification of Law

Substantive, Adjective, Public, Private

Classification of Law under Public

Constitutional, Administrative, International, Criminal Law, Criminal Procedure

Obligation and Contracts

Substantive

portion of the body of law creating defining, and regulating rights and duties which may either public or private in character

Substantive

portion of the body of law prescribing the manner or procedure by which the rights may be enforced or their violations redressed

Adjective

called remedial law or procedural law.

Adjective

body of legal rules which regulates the right and duties arising from the relationship of the state to the people.

Public

Civil Law, Commercial or Mercantile Law and Civil Procedure

Private Law

branch of private law which provides for the means by which private rights may be enforced.

Civil Procedure

branch of private law which governs the methods of trial and punishment in criminal cases.

Criminal Procedure

governs the methods by which the functions of administrative authorities are to be performed.

Administrative

governs the relations between the state and its citizens and establishes the fundamental powers of the government.

Constitutional

it governs the relations among nations or states.

International

defines crimes and provides for their punishment

Criminal Law

obligatio means ___ or ____

tying, binding

juridical necessity to give, to do or not to do

Obligation

body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contract

Obligation and Contract

Oblicon is found in RA ____ or _________

386, Civil Code of the Philippines

Law of Oblicon approval date and effectivity date

June 18, 1949, August 30, 1950

tie or bond recognized by law by virtue of which one is bound in favor of another to render something

Obligation

Elements of Obligation

Passive Subject, Active Subject, Object or Prestation, Juridical or Legal Tie

called as the debtor or obligor.

Passive

person who is entitled to demand the fulfillment of the obligation

Active

binds or connects the parties to the obligation

Juridical or Legal Tie

conduct required to be observed by the debtor

Object or Prestation

X binds himself to deliver a piano to Y.

Real

which the subject matter is a thing which the obligor must deliver to the oblige.

Real Obligation

subject matter is an act to be done or not to be done

Personal Obligation

X binds himself to repair the piano of Y.

Personal

It is duty of the father to support his child. (Source of Obligation)

Law

The obligation to repay a loan or indebtedness by virtue of an agreement.

Contract

meeting of minds between two people whereby one binds himself with respect to the other

Contract

juridical relation resulting from a lawful, voluntary and unilateral act which has for its purpose the payment of indemnity to the end that one shall unjustly enrich or benefited at the expenses of another

Quasi Contract

Victor, a wealthy landowner suddenly left for abroad leaving his livestock farm unattended. Ramon, a neighbor of Victor managed the farm thereby incurring expenses. When Victor returns, he has the obligation to reimburse Ramon for the expenses incurred by him and to pay him for his services.

Negotiorum Gestio

Arvin owed lan the sum of P1,000.00. By mistake, Arvin paid P2,000.00. lan has the obligation to return the P1,000.00. Excess because there was payment by mistake.

Solutio Indebiti

when they arise from civil liability which is the consequence of a criminal offense.

Act or Omission Punished by Law

when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties

Quasi Delict

If Pedro drives his car negligently and because of his negligence hits Jose, who is walking on the sidewalks of the street, inflicting upon him physical injuries.

Quasi Delict

defined only by its specie.

Generic Thing

defined by its individuality

Determinate

The debtor cannot substitute it with another although latter is of the same kind and quality without the consent of the creditor.

Determinate Thing

Rents of buildings, price of leases of lands and other property and the amount of perpetual or life annuities or other similar income.

Civil

Sugar cane, vegetable, rice and all products of land brought about by reason of human labor.

Industrial

Grass, all trees and plants on lands produced without the intervention of human labor.

Natural

Lecture 1 Part 2

ユーザ名非公開 · 62問 · 1年前

Lecture 1 Part 2