Week 1-ObliCon

93問 • 1年前

Aira Mae GULAHAB

通報

問題一覧

What does Ignorantia juris non excusat means?

Ignorance of the law excuses no one

It has the power to execute, enforce and implement the law.

Executive Branch

It has the power to make, revise, repeal or amend the law.

Legislative Branch

It has the power to interpret the law.

Juridicial Branch

It is the law that passed by the Congress

Statute

The law passed by the Sanggunians.

Ordinance

It is not a law because it a proposal/draft.

Bill

The power of the government to take private property for public purpose or public use provided that the government will pay just compensation.

Eminent Domain

Power vested in the legislature to impose burdens or charges upon persons and property for the purpose of raising revenue for public purpose.

Taxation Power

The power of the government to enact laws in relation to persons and property as may promote public health, public morals, public safety and the general welfare of each.

Police Power

to give, to do, or not to do.

Obligation

Is a meeting of the minds between two persons, whereby one binds himself, with respect to the other, to give something or render some service.

Contract

Are those which derive their binding force from positive law, and can be enforced by court action or the coercive power of public authority.

Civil Obligation

Are those which arise from moral law developed by the church and not enforceable in court.

Moral Obligation

Are those which derived their binding force from equity and justice, and its fulfillment cannot be compelled by court action but depends exclusively on the conscience of the debtor.

Natural Obligation

Is the person who has the power to demand the fulfillment of the obligation

Active Subject

Is the object of the obligation either to give, to do, or not to do.

Prestation

is the vinculum (unifying bond) or that which binds the debtor and creditor.

Efficient Cause of Juridical Tie

Is the person or party who has the duty to fulfill the obligation or the prestation.

Passive Subject

Consists of the delivery of a movable or immovable thing which is either determinate (specific) or indeterminate (generic).

To give

Is a negative obligation which consists of abstaining from some act, it includes “not to give”.

Not to do

Involved all kinds of work or services whether physical or mental.

To do

Every person criminally liable is also civilly liable.

Delicts

Certain lawful, voluntary, and unilateral acts, to the end that no one may be unjustly enriched or benefited at the expense of another.

Quasi-Contracts

Acts or omissions that cause damage to another, there being fault of negligence and there is no pre-existing contractual relation between the parties.

Quasi-Delicts

Deliberate and intentional evasion of the normal fulfillment of obligation;

Fraud

The non-fulfilment of the obligation with respect to time.

Delay

Unintentional act (that cause injury to the other)

Negligence

Must be observed by the obligor in general.

Diligence of a good father of a family

Is the highest degree of care. This must be observed only when the law so provides or when the parties so agree.

Utmost Diligence

The creditor goes to the court to fix the period within which the debtor performs the obligation.

Judicial Demand

The creditor writes a demand letter or demands orally.

Extrajudicial Demand

Are awarded in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.

Nominal Damages

To compensate and alleviate the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar harm unjustly caused to a person.

Moral Damages

Are also called corrective damages. It is imposed, by way of example or correction for the public good, in addition to moral, temperate, liquidated, or compensatory damages.

Exemplary Damages

Are those agreed upon by the parties to a contract, to be paid in case of breach thereof.

Liquidated Damages

Or compensatory damages are those awarded in satisfaction of, or in response for, loss or injury sustained.

Actual Damages

Or moderate damages are more than nominal but less than compensatory damages.

Temperate Damages

Is an obligation demandable only when the period (has a fixed day certain for its fulfillment) comes.

Obligation with a period

Is one whose performance or extinguishment is not subject to any condition or a period.

Pure Obligation

Is an obligation that the performance or extinguishment of which is dependent upon the happening of the condition.

Conditional Obligation

Is an obligation in which each debtor is liable only for a proportionate part of the debt, and the creditor is entitled to demand only a proportionate part of the credit from each debtor.

Joint Obligation

Is one in which each of the debtors is liable for the entire obligation, and each of the creditors is entitled to demand the satisfaction of the whole obligation from any or all of the debtors.

Solidary Obligation

It is the fundamental law of the land.

Constitution

The fundamental conception to which all other laws must conform.

Supreme Law

If a law or contract violates ang norm of the constitution then it is null and void.

Constitutional Supremacy

It governs the relationship between the Individual and the state.

Bill of rights

Two kinds of Person in law:

Natural Person, Juridicial Person

A law that hears before it condemns.

Due process of law

Three areas protected by section 1:

Life, Liberty, Property

People of the same class should be treated alike.

Equal protection clause

Simply the right yo be let alone.

Essence of right to privacy

A person must prove the he/she really has privacy in the first place.

Expectation of Privacy

It is when any evidence obtained illegally.

Doctrine of the fruit of the Poisonous tree

It is when recording communication or spoken word by using a device without the consent of the person involve.

RA 4200, Anti wiretapping law

Taking photo/video of a person without their consent.

RA 9995, Anti photo and video act

It ensures the personal information are secured and protected.

RA 10173, The data privacy act of 2012

Right of the person to establish his own residence/home.

Liberty of Abode

Traveling from one place to another is also a guaranteed right.

The right to travel

They are not allowed to join or form union

Managerial employees

They may join/assist form a separate union

Supervisory employees

To give preference to qualified Filipinos in the grant of right and privileges

Filipino First Policy

Is a contract hence it is perfected by mere consent.

Sale

Obligation to deliver and transfer ownership

Vendor (Seller)

They are the one who pay the price.

Vendee (Buyer)

When the title passes upon delivery.

Absolute

Ownership of vendor remains until full payment, non-fulfillment of delivery yet.

Conditional

Sale on installments.

The Recto Law

Applies to transactions involving to real estate, residential condo.

The Maceda Law

One individual owns it.

Sole Proprietorship

Two or more individuals agree to contribute money, property, or services to a business and share the profits.

Partnership

No one can become a partner without the consent of all the partners.

Delectus Personae

Liable to the extent of their separate property after the partnership.

General Partnership

Liable only to the extent of his contribution

Limited Partnership

Without fixed duration

Partnership at will

They exists only for a specific term/period.

Partnership for a specific period

One who contributes capital.

Capitalist Partner

One who contributes industry or skills.

Industrial Partner

One who contributes both capital and industry.

Capitalist-Industrial Partner

Who is liable beyond the extend of what he has contributed.

General Partner

One who manages the business of the partnership

Managing Partner

Liable only to the extent of what he has contributed.

Limited Partner

Managed by board of directors

Stock

Managed by board of trustees.

Non-stock

They are the founders.

Incorporators

Those that compose a corporation

Corporators

Person who owns or holders of shares of stock in a stock corporation.

Stockholders

Compose the non-stock corporation

Members

Manage the affairs of the corporation and exercise corporate powers.

Directors and Trustees

Granted by law

Express Powers

Corporation can exercise as incident to its corporate existence.

Incidental Powers

Powers granted to a corporation.

Implied Powers

Corporation with a single stockholder.

One Person Corporation

Recreation and Leisure

Aira Mae GULAHAB · 42問 · 1年前