LEGAL ASPECT Flashcards
serves as an introduction that gives the reader an idea of what to expect.
PREAMBLE
PREAMBLE comes from the Latin word ‘preambles,’ meaning ‘____________
WALKING BEFORE
“Ignorance of the Law is not an excuse”.
a person cannot escape liabilities or punishment simply because he claims to be ignorant
Ignorantia Legis Non-Excusat
body of rules of action or conduct prescribed by controlling authority and having binding legal force
LAW
rule of action or any systems of uniformity
LAW
system of rules that govern a society
LAW
Principles and regulations established in a community by some authority
LAW
3 KINDS OF LAWS
- SUBSTANCIAL LAW
- ADJECTIVE LAW
- SPECIAL OR PRIVATE LAW
- a law that creates, defines, and regulates rights
SUBSTANTIAL LAW
also known as procedural law a law that provides the method
ADJECTIVE LAW
relates to particular people or things of class.
SPECIAL OR PRIVATE LAW
a law which applies to all of the people of the state
GENERAL OR PUBLIC LAW
law dealing with crimes and their punishment,
CRIMINAL LAW
Body of rules or principles of action governing the relations between states
INTERNATIONAL LAW
law regulating the relations staying with the inhabitants of a territory
POLITICAL LAW
regulates those relations of assistance authority and obedience existing among members of a family and those which exist among members of a society for the protection of private interests.
CIVIL LAW
law dealing with commerce by sea
MARITIME LAW
law of commercial transactions
MERCANTILE LAW
Acording to _________________the purpose of travel legislation is to provide a regulatory framework for the proper development and management of tourism activities.
United Nations’ World Tourism Organization (UNWTO)
legal and social practice related to the treatment of a person’s guests or those who patronize a place of business. Related to the concept of legal liability, hospitality laws
HOSPITALITY LAW
4 REASONS WHY THERE IS A NEED TO STUDY TOURISM AND HOSPITALITY LAWS
- Keeping customer safe
2.Protecting your reputation - Honoring agreements and fair marketing
4.Proper record keeping
plays a major role in the hospitality industry
FOOD SAFETY AND SANITATION
to ensure the quality and safety of commercial and residential building structures.
Fire Code of the Philippines of 2008 (other known as RA 9514)
SOURCES OF LAW RELEVANT TO THE TOURISM INDUSTRY
- PHILIPPINE CONSTITUTION
2, STATUTES AND LEGAL ENACTMENTS - ADMINISTRATIVE AND EXECUTIVE ORDERS —
REGULATION AND RULING - JUDICIAL DECISION OR JURISPRUDENCE
- CUSTOM
- OTHER SOURCES
fundamental law of the land
PHILIPPINE CONSTITUTIONS
written will legislative department rendered Authentic by certain prescribed forms and solemnities
STATUTES AND LEGAL ENACTMENTS
issued by administrative officials under legislative authority
Administrative or Executive Orders, Regulations and Rulings
decisions of the Supreme Court
Judicial Decisions or Jurisprudence
rule of conduct which in a given place among given groups of people
Custom
These refer to decisions of foreign tribunals and opinions of textbook writers
OTHER SOURCES
some of the Constitutional provisions related to tourism which may be given preferential attention
Bill of Rights (Article III) and National Economy and Patrimony
(Article XII) -12
Freedom of movement
THE RIGHT TO TRAVEL
an enterprise which distributes or provides services
BUSINESS ORGANIZATION
owner maintains sole and complete control over the business
SOLE PROPRIETORSHIP
person who contributes capital and manages the business
SOLE PROPRIETOR
two or more business owners
PARTNERSHIP
right to select persons with whom he wants to be associated with in partnership.
Principle of Delectus Personae
are the simplest form of partnership. They are the easiest to form and the cheapest to maintain
GENERAL PARTNERSHIP GP
all partners are protected from the actions of other partners. Essentially, all partners have limited liability.
Limited Liability Partnership (LLP)
- form of partnership that provides more protection for partners.
-there is at least one general partner that manages operations and takes on unlimited liability. The remaining partners are limited partners,
LIMITED PARTNERSHIP
a partner who merely contributed industry or services to the common fund)
INDUSTRIAL PARTNER
partner who contributed money and property to the common fund
CAPITALIST PARTNER
a legal entity in the same sense that a person has designated rights, responsibilities and privileges
CORPORATION
the law which governs the creation of private corporations
BATAS PAMBANSA BLG. 68
ALSO KNOWN AS CORPORATE CODE OF THE PHILIPPINES
one which has a capital stock divided into shares
STOCK CORPORATION
one where no part of its income
NON STOCK CORPORATION
a corporation organized in accordance with the requirements of law
CORPORATION DE JURE
- a corporation where there exists a flaw in its incorporation
DE FACTO CORPORATION
one formed or organized for the government of a portion of the State
PUBLIC CORPORATION
one formed for some private purpose,
PRIVATE CORPORATION
one organized for the purpose of administering and managing, as trustee, the affairs, property and temperatures of any religious denomination, sect or church. In this corporation, there is only one incorporator.
CORPORATION SOLE
one organized for a charitable purpose
ELEEMOSYNARY CORPORATION
allow Filipino citizens and corporations to do business in their own country or state
FOREIGN CORPORATION
This is where you register if your enterprise is a single proprietorship.
Department of Trade and Industry (DTI)
If your enterprise is a partnership or a corporation, this is where you will register.
Securities and Exchange Commission (SEC)
If your set-up is a cooperative, register with this body
Cooperative Development Authority (CDA)
register with the municipality or city
where you will set up your business
Local Government Unit (LGU)
register with the specific barangay in the municipality or city where you will operate your business
BARANGAY HALL
register your business with this office and apply for your business’s taxpayer
Bureau of Internal Revenue (BIR)
register your business as an employer, yourself as a self-employed
Social Security System (SSS)
If you employ five workers or more, register your business with this agency.
Department of Labor and Employment (DOLE)
manages and administers the government health care system.
Philippine Health Insurance Corp. (PhilHealth)
aims to provide a protection for consumers worldwide.
INTERNATIONAL CONSUMER LAW
involve all the regulations and statutes that seeks to create a more equitable balance for buyers in the marketplace and prevent sellers from using dishonest tactics.
CONSUMER LAW
any individual who purchase goods or services, which may be sold by manufacturers, wholesalers, or retailers
CONSUMER
is to encourage practical against cross-border-marketing misconduct by traders.
International Consumer Protection Enforcement Network (ICPEN)
provides a way for individuals to fight back against abusive business
Consumers’s right and consumer protection law
practice of safeguarding buyers of goods and service, and the public against unfair practices in the marketplace.
- Consumer protection
set of legal rules concerning who is responsible for defective or dangerous products
Product Liability Law
had to exist between the person injured by a product and the supplier
CONTRACTUAL RELATIONSHIP OR PRIVY CONTRACT
present in the product from the beginning even before its manufactured
DESIGN DEFECTS
Those that occur during a product’s manufacture or assembly.
MANUFACTURING DEFECTS
Flaws in the way a product is marketed such as improper labelling, insufficient instructions, or inadequate safety warnings.
MARKETING DEFECTS
remains the most important global instrument in the area of consumer protection, contributing to the building of trust of both consumers and traders acting on the market
UN GUIDELINES
mission is to promote policies that will improve the economic and social well-being of people around the world.
Organization for Economic Cooperation and Development (OECD)
- objective of its program is to promote inclusive and sustainable development trough international trade.
United Nations Conference on Trade and Development (UNCTAD)
is the grouping of national authorities responsible for the enforcement of consumer protection laws across the European Union (EU).
EU Consumer Protection Cooperation Network (CPC)
The network aims to provide free of charge help and advice to consumers
European Consumer Centre Network (ECC-Net)
promotes the development and use of electronic commerce
APEC ELECTRONIC COMMERCE STEERING GROUP
was formed in June 2007, when OECD government adopted a Recommendation on Cross-Border Cooperation in the Enforcement of Laws Protecting Privacy.
Global Privacy Enforcement Network (GPEN)
is a multilateral forum devoted to the analysis and discussion of the public policy of consumer protection
beroamerican Forum of Consumer Protection Agencies (FIAGC
promotes consumer protection in Southeast Asia.
ASEAN Controlling Committee on Consumer Protection (ACCCP)
Unsolicited Communications Enforcement Network (UCENet)
-Formerly known as the
LONDON ACTION PLAN
informational network of government and non-government organizations collaborating on global unsolicited communications enforcement
Unsolicited Communications Enforcement Network (UCENet)
non-profit, non-governmental organization.
globally to empower and champion the rights of consumers, and ensure they are treated safely, fairly, and honestly.
CONSUMER INTERNATIONAL
REPUBLIC ACT No. ___________or THE CONSUMER ACT OF THE PHILIPPINES
REPUBLIC ACT No. 7394 or THE CONSUMER ACT OF THE PHILIPPINES
area of the law that focuses more specifically on credit reporting businesses.
The Fair Credit Reporting Act
This section of FTC outlines that consumers should be treated fairly, and not deceived or put at risk due to unfair or deceptive acts performed by the business.
Section 5 of the Federal Trade Act
this requires all US financial institutions to explain, in writing, how they handle and protect consumer’s information
The Gramm-Leach-Bliley Act (GBLA)-
provides children and their parents protection by regulating what information a company may collect about children and how that information is used.
The Children’s Online Privacy Protection Act- COPPA
is when images and words used in print, digital format, or video advertisements directly or indirectly imply claims about products that are not true or omit necessary information for a full understanding of the truth.
Deceptive advertising
The right that guarantees survival, adequate food, clothing, shelter, health care, education and sanitation.
The Right to Basic Needs
The right to be protected against the marketing of goods or the provision of services that are hazardous to health and life.
THE RIGHT TO SAFETY
The right to be protected against fraudulent/dishonest or misleading advertising/labelling/promotion
THE RIGHT TO INFORMATION
The right to choose products at competitive prices with an assurance of satisfactory quality
THE RIGHT TO CHOOSE
The right to express consumer interests in the making and execution of government policies.
THE RIGHT TO REPRESENTATION
The right to be compensated for misrepresentation
THE RIGHT TO REDRESS
The right to acquire the knowledge and skills necessary to be an informed consumer.
THE RIGHT TO CONSUMER EDUCATION
. The right to live and work in an environment
which permits a life of dignity and well-being.
The Right to a Healthy Environment
The responsibility to be more alert and questioning about the use and the price and quality of goods and services we use.
Critical Awareness
The responsibility to assert ourselves and act to ensure that we get a fair deal
ACTION
The responsibility to be aware of the impact of our consumption on other citizens, especially the poor, exploited, disadvantaged or powerless groups, whether in the local, national or international community.
SOCIAL CONCERN
The responsibility to understand the environmental consequences of our consumption.
Environmental Awareness
The responsibility to organize together as consumers to develop the strength and influence to promote and protect our interests.
SOLIDARITY
also known as the oblige or creditor
ACTIVE SUBJECT
also known as the debtor, who is bound to demand the prestation
passive subject
object or undertaking to give, to do, or not to do
OBJECT OR PRESTATION
based on the sources of obligation arising from either the law or contract.
The juridical tie or vinculum
in civil law: a performance of something due upon an obligation
Prestation
unifying bond, link or tie between parties in an obligation.
VINCULUM
not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.
PURE OBLIGATION
is one which consequence are subject in one way or another to the fulfillment of a condition.
CONDITIONAL OBLIGATION
one which consequence are subject in one way or another to the expiration of the said period or term.
OBLIGATION WITH A PERIOD
obligation which contains an accessory obligation imposing upon the obligor added burdens
Obligations with a penal clause
refers to a lawful, and voluntary and unilateral act based on the maxim that no one shall unjustly enrich himself at the expense of another.
QUASI-CONTRACTS
payment by mistake;
SOLUTION INDEBITI
takes place when a person without the consent of the owner, assumes the management of an abandoned business.
negotiorum gestio
omission which causes damage to another
QUASI- DELICTS
events not foreseeable or avoidable, events that could not be foreseen, or which, though foreseen, were inevitable
Fortuitous event,
manifested by the meeting of the minds
CONSENT
almost all the provisions have been drafted by one party,
CONTRACT ADHESION
cannot be left to the will of only one of the parties
1.) Mutuality of Contracts
Parties are free to stipulate terms and provisions in a contract
Autonomy of Contracts
Contracts are binding only the parties and their successorsto -interest.
Relativity of Contracts
Contracts are perfected by mere consent, and no form is prescribed by law for their validity.
4.) Consensuality of Contracts
it constitutes the law as between the parties who are compelled to perform under the threat of being sued in the courts of law.
Obligatory Force of Contracts
or those which have for their object the establishment of a condition in law which is necessary as a preliminary step toward the celebration of another subsequent contracts
PREPARATORY
subsist independently from other contracts and whose purpose can be fulfilled by themselves.
PRINCIPAL
can exist only as a consequence of or in relation with, another prior contract.
Accessory
those which are perfected by the mere agreement of the parties
CONSENSUAL
require not only the consent of the parties for their perfection, but also the delivery of the object by one party to the other.
REAL
those which require no particular form like a loan.
Common or informal
those which require some particular form like a donation, chattel mortgage.
SPECIAL OR FORMAL
or those which give rise to an obligation for only one of the parties.
UNILATERAL
those which give rise to reciprocal obligations for both parties.
BILATERAL
which each parties aspires to produce for himself a benefit through giving of an equivalent or compensation.
ONEROUS
in which one of the parties proposes to give to the other a benefit without any equivalent or compensation
GRATUITOUS
is a gratuitous loan; a loan, or free concession of anything moveable or immoveable
SCOTS LAW
each of the parties acquires equivalent of his prestation
Commutative
each of the parties has to his account the acquisition of an equivalent of his prestation
ALEATORY
have their own individuality
NOMINATE
parties are generally free to agree upon any contract terms as they deemed appropriate.
CONTRACT TERMS
refers to the general structure and appearance of the contract
FORM OF CONTRACT
occurs where a merchant takes advantage of market conditions to charge exorbitant prices.
PRICE GOUGING
this requires the purchaser to pay the entire remaining balance of installment payments in the event of a default
ACCELERATION CAUSED
which means that it is immediately invalid without any further analysis required.
VOID
