OBLIGATIONS Flashcards
Any rule of action or any system of uniformity -De Leon
Law
Not limited to the activities of men as rational beings but movements and motion of all other animate or inanimate objects
Law
General Divisions of Law
Strict Legal Sense and Non-legal Sense
AKA State Law
Strict Legal Sense
Promulgated/Enforced by the state
Strict Legal Sense
Not promulgated/enforced by the state
Non-legal Sense
Law of religion and faith which concerns itself with the concept of sin and salvation
Divine Law
Divine inspiration of man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone
Natural Law
Concerns the totality of the norms of good and right conduct coming from the sense of right and wrong in every community
Moral Law
Uniformities of actions and orders of sequence, which are the physical phenomena that people sense and feel
Physical Law (Law of Physical Science)
Characteristic of Law:
Law only acknowledges external acts telling what shall be and shall not be done
It is a rule of conduct
Characteristic of Law:
Law is a positive command imposing obedience
It is obligatory
Characteristic of Law:
The legislature is the legitimate and competent authority in a democratic country. Under the Constitution, laws called “statutes” are enacted by Congress
It is promulgated by legitimate authority
Characteristic of Law:
Law is intended by man to serve man. It regulates harmonious relations to order nd co-existence possible
It is a common observance and benefit
Necessity and Functions of Law
Law secures justice
Law resolves social conflict
Law orders society
Law protects interest
Law controls social relations
Sources of Law:
The written instrument by which the fundamental powers of the government are established, limited, and defines where these powers are distributed among the several departments for their safe and useful exercise to benefit the people
Constitution
Sources of Law:
Acts passed by the legislature are so-called enacted law or statute law. This includes ordinances enacted by local government units
Legislation
Sources of Law:
Issued by administrative officials under legislative authority to clarify or explain the law carry into effect its general provisions. Administrative acts are valid only hwen they are not contrary to the law and constitution
Administrative or executive orders, regulations, and rulings
Sources of Law:
Court decisions applying or interpreting the laws from part of the legal system of the Philippines. The decisions of a superior court on a point of law are binding on all subordinate courts. This is called the doctrine of precedent or state decisis,
Judicial decisions and jurisprudence
Sources of Law:
Habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct
Custom
Classifications of Law:
Responsible for creating, defining, and regulating rights and duties, either public or private in character
Substantive Law
Classifications of Law:
Prescribes the manner or procedure by which rights may be enforced or their violations redressed. This is sometimes called remedial law or procedural law
Adjective Law
Classifications of Law:
Regulated the rights and duties arising from the relationship of the state to the people
Public Law
____ Defines _____ as 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
Art 1307
Law of Obligations and Contracts
Covers law on obligations and contracts
RA 386 (Civil Code of the Philippines)
Based mainly on the Civil Code of Spain which took effect in the Philippines on _____. It was approved as RA 386 on ______ and took effect on ______.
Civil Code of the Philippines
December 7 1889
June 18 1949
August 30 1950
