Midterms Flashcards
It is a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.
Law
The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties
Law
Oxford Dictionary
A rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority
Law
Merriam-Webster Dictionary
A body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority
Law
thefreedictionary.com
A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit”
Law
I Sanchez Roman 3
the mass of obligatory rules established for the purpose of governing the relations of persons in society
Law
A. Tolentino, Civil Code of the Philippines
Four Characteristics of Law
A rule of conduct
Obligatory
Promulgated by legitimate authority
Common observance and benefit
The law only governs external physical acts.
A rule of conduct
____________ implies external physical actions.
Conduct
You cannot punish anyone based on what they are thinking.
A rule of conduct
The law is ____________ which means we have the duty to obey otherwise sanctions are imposed.
Obligatory
Laws are enacted by the legislature and local government
Promulgated by legitimate authority
The law must be obeyed to maintain harmony and peaceful co-existence
Common observance and benefit
Give the Two Kinds of Law
Private Law
Public Law
Differentiate Private Law and Public Law
Private Law - contract between two entities
Public Law - state and the citizens
Give the Six Sources of Law
1 Constitution
2 Legislation
3 Administrative or Executive Orders, Regulations, Rulings
4 Judicial Decisions or Jurisprudence
5 Custom
6 Others:
principles of justice & equity
decisions of foreign tribunals
opinions of text writers
Give Some Important Principles of Law
15 Days Rule
Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette,
Ignorance of the law excuses no one from compliance therewith.
right and justice to prevail
In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.
________________________________ based mainly on the Civil Code of Spain and approved on 18 June 1949 and took effect on 30 August 1950
Civil Code of the Philippines RA No. 386
Civil Code of the Philippines RA No. 386 composed of how many books
Four
Give the four books of Civil Code of the Philippines (RA No. 386)
Book I - PERSONS
Book II - PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Book IIII - DIFFERENT MODES OF ACQUIRING OWNERSHIP
BOOK IV - OBLIGATIONS AND CONTRACTS
The body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts
The Law on Obligations and Contracts
A juridical necessity to give, to do, or not to do.
Obligation
A juridical relation whereby a person may demand from another the observance of a determinative conduct and in case of breach, may demand satisfaction from the assets of the latter.
Obligation
Give the 4 Elements of Obligations
Active Subject
Passive Subject
Prestation
Efficient Cause/Juridical Tie
The party with the right to demand a performance on an obligation
Active subject/creditor/obligee
The party with the duty to perform an obligation
Passive subject/debtor/obligor
The conduct/act to give, to do or not to do
Prestation
The source of obligation
Efficient Cause/Juridical Tie
Give the two kinds of prestation
Unilateral
Bilateral
Give the two kinds of Obligations
Natural Obligations
Civil Obligations
Obligations based on equity and natural law. You cannot go to court to enforce performance, BUT allows retention of what has been delivered or rendered after voluntary fulfillment.
Natural Obligations
Obligations based on law. You can go to court to enforce performance/compliance.
Civil Obligations
Give the Sources of Obligation
Law
Contracts
Quasi-Contracts
Quasi-Delicts
Crimes
Acts or omissions punished by law
Crimes
The law creates a situation where someone who benefits from another person’s actions, even if unintended, has to compensate them to avoid unfair gain.
Quasi-Contract
Alike but not exacly the same
Quasi
The voluntary management of the property or affairs of another, without the knowledge or consent of the latter
negotiorum gestio (Art. 2144)
If something is received when there is no right to demand it, and it was unduly delivered through mistake
solutio indebiti (Art. 2154)
These are acts or omissions punishable by law. This refers to crimes or felonies defined under the law to be punishable as such.
Crimes/Delics
Laws about crimes, special penal laws
Revised Penal Code
True or False. A person that is criminally liable is also civilly liable.
True
Give the three civil liability for delicts
Restitution
Reparation
Indemnification for consequential damages
A civil liability that states the return of objects that were stolen
Restitution
A payment for harm or damage caused
Reparation
Crime produces both ____________ and ____________ liabilities
criminal liability
civil liability
True or False. A person cannot be both criminally and civilly liable.
False
A person that is criminally liable is also civilly liable.
Also known as tort or culpa aquiliana
Quasi-Delicts
Acts or omissions that cause damage to another. There being fault or negligence but without any existing contractual relation between the parties. There is now an obligation to pay for damages.
Quasi-Delicts
a thing is determinate when it is particularly designated or physically segregated from all others of the same class.
Specific Thing
Give the two ‘things’
Determinate or Specific Thing
Generic Thing
A thing that is identified only by its species. The debtor can give anything of the same class as long as it is of the same kind.
Generic Thing
ordinary care or that diligence which an average or reasonably prudent person exercises over his own property
Diligence of a Good Father of a Family
opposite of diligence
negligence
A fruits or addition to or improvement upon a thing not necessary to the principal thing. They are everything that is incorporated or attached to a thing, either naturally or artificially.
Accessions
Negligence in the performance of a contract. It supposes a pre-existing contractual relationship between the parties. This is negligence in the performance of the obligation arising from a contract resulting in damages.
Culpa Contractual
joined or included in principal for the latter’s embellishment, better use, or completion, perfection or enjoyment.
Accessories
failure or refusal to perform an obligation without legal justification; violation of an obligation
Breach
money compensation awarded for loss or injury resulting from breach of contract or obligation
Damages
failure to perform an obligation on time which is a breach of the obligation
Delay (Mora)
the non-fulfillment of an obligation with respect to time or delay in the fulfillment of an obligation, contrary to what was agreed upon.
Delay (Mora)
Give the first book of Civil Code of the Philippines (RA No. 386)
Book 1 - Person
Give the second book of Civil Code of the Philippines (RA No. 386)
Book 2 - Property, Ownership and its Modidication
Give the third book of Civil Code of the Philippines (RA No. 386)
Book 3 - DIFFERENT MODES OF ACQUIRING OWNERSHIP
Give the fourth books of Civil Code of the Philippines (RA No. 386)
Book 4 - Obligations and Contracts
The official journal of the Republic of the Philippines.
Official Gazette
Give the Two Quasi-Contracts Concepts
negotiorum gestio
solutio indebiti
Differentiate delicts and quasi-delicts
Delicts - with intent
Quasi- Delicts - without intent
a thing is ________________ when it is particularly designated or physically segregated from all others of the same class.
determinate/specific
ordinary care or that diligence which an average or reasonably prudent person exercises over his own property
Diligence of a Good Father of a Family
failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, causing injury to the other party
Fault/Negligence (Culpa)
negligence in the performance of a contract. It supposes a pre-existing contractual relationship between the parties.
Culpa Contractual
Negligence in the performance of the obligation arising from a contract resulting in damages.
Culpa Contractual
negligence which is the source of obligation between parties without any pre-existing contract
Culpa Aquiliana
tort/quasi-delict
fruits or addition to or improvement upon a thing that is not necessary to the principal thing
Accessions
joined or included in principal for the latter’s embellishment, better use, or completion, perfection or enjoyment.
Accessories
failure or refusal to perform an obligation without legal justification; violation of an obligation
Breach
Give the Three Kinds of Fruits
Natural
Industrial
Civil
Fruits by spontaneous products of the soil, and the young and other products of animals
Natural
Fruits produced by lands of any kind through cultivation and labor
Industrial
Fruits derived by virtue of a juridical relation
Civil
Creditor - cannot demand a thing of superior quality;
Debtor - cannot deliver a thing of inferior quality.
Rule of the Medium Quality
failure to perform an obligation on time which is a breach of the obligation
Delay (Mora)
Two Types of Delay/Mora
Mora Solvendi
Mora Accipiendi
delay on the part of the creditor
Mora Accipiendi
delay on the part of the debtor
Mora Solvendi
deliberate or intended evasion of the normal fulfillment of an obligation
Fraud (Dolo)
bad faith, malice on dishonesty vs mistake and errors of judgment made in good faith
Fraud (Dolo)
Two Types of Fraud
Causal Fraud or Dolo Causante
Incidental Fraud or Dolo Incidente
fraud of a serious kind, without which, consent would not have been given. It renders the contract voidable for it is a defect in one of the essential elements of a contract, “consent”.
Causal Fraud or Dolo Causante
This refers to fraud without which consent would have still been given but the person giving such consent would have agreed on different terms. It would not render the contract void but the party committing the fraud shall be liable for damages
Incidental Fraud or Dolo Incidente
deliberate intention to cause damage or injury
Fraud (Dolo)
no deliberate intention to cause damage or injury
Negligence (Culpa)
three contravention of the tenor of the obligation
- any act of a party to an obligation does not perform their obligations strictly in the manner specified
- any kind of defective performance
- any form of violation of the terms and condition stipulated in the obligation
Exact fulfillment of the obligation by specific or substitute performance with a right to damages in either case
Specific Performance
Pursue the property in the possession of the debtor, except those exempt by law
Attachment
Primary Alternative Remedies of Creditor in case of Breach by Debtor
Obligation TO GIVE
Obligation TO DO
No remedy of Specific Performance in Obligations TO DO or NOT TO DO
Primary Remedies of Creditor
1 Exact Fulfillment with Right to Damages; and
2 Levy properties still with debtor not exempt from attachment if debtor fails to pay judgment rendered;
Two Subsidiary Remedies of Creditor
ACCION SUBROGATORIA (Art 1177)
ACCION PAULIANA (Art 1177,1380-1389)
an action where the creditor whose claims had not been fully satisfied, may go after the debtors (3rd person) of the defendant debtor
ACCION SUBROGATORIA (Art 1177)
an action filed by the creditor for the rescission (cancellation) of acts or contracts entered into by the debtor designed to defraud the former
ACCION PAULIANA (Art 1177,1380-1389)
