Prelim Flashcards
Ignorance of the law excuses no one. Without law, our world would be very unstable with anarchy in our streets and peace would be difficult to achieve
ignorantia juris non excusat
kinds of law
as to purpose (2)
subjective law
adjective law
kinds of law
as to scope (2)
general or public law
special or private law
example of general or public law (3)
criminal law
international law
political law
example of special or private law (3)
civil law
maritime law
mercantile law
the activities of persons traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business, and other purposes
tourism by world tourism organization
body of rules or principles of action, which deals with the regulation, authority, relations, and obedience among members of a society involved in tourist travel and accommodation
tourism law
sources of law relevant to the tourism industry (6)
philippine constitution
statutes
administrative
judicial decisions
custom
other sources
Freedom of movement is the very essence of our free society. Once the right to travel is curtailed, all other rights suffer
the right to travel
the original and fundamental principles of law by which a system of government is created and according to which a country is governed
constitution
it is a written instrument by which the fundamental powers of the government are established
constitution
An obligation is a juridical necessity to give, to do, or not to do.
article 1156
is a juridical necessity to give, to do, or not to do
obligation
elements of an obligation (4)
active subject
passive subject
object or prestation
juridical tie
the obligee or creditor
active subject
has the power to demand the prestation
active subject
the debtor
passive subject
who is bound to perform the prestation
passive subject
an object or undertaking to give, to do, or not to do
object or prestation
the vinculum which binds the contracting parties
juridical tie
obligations of the passive subject
obligations to give a determine thing (4)
- to deliver the thing which he has obligated himself to give
- to take care of the thing with the proper diligence of a good father of a family
- to deliver all its accessories and accessions
- to pay damages in case of breach of obligation
obligations of the passive subject
obligations to do (3)
- if the debtor fails to do what he is obliged to do, it will be done at his expense
- if the work is done in contravention of the tenor of the obligation, it will be re-done at debtor’s expense
- if the work is poorly done, it will be re-done at debtor’s expense
the sources of liability of a party in an obligation (2)
fraud
negligence
incident to the performance of an obligation there is an intent to evade the normal fulfillment of the obligation and to cause damage
fraud
the lack of diligence or careless
negligence
consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, or the time and of the place
negligence
sources of obligations (5)
- law
- contracts
- quasi-contracts
- acts punishable by law
- quasi-delicts
Primary classification of obligations under the Civil Code (6)
Pure and conditional obligations
Obligations with a period
Alternative and facultative obligations
Joint and solidary obligations
Divisible and indivisible obligations
Obligations with a penal clause
Secondary classification of obligations under the Civil Code (4)
Unilateral and bilateral obligations
Real and personal obligations
Civil and natural obligations
Legal, conventional, and penal obligations
Modes of Extinguishing Obligations (6)
By payment or performance
By the loss of the thing due
By the condonation or remission of the debt
By the confusion or merge of the rights of the creditor and debtor
By compensation
By novation
A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
article 1305
a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
contract
elements of a contract (3)
consent
object certain
cause of the obligation
characteristics of a contract (5)
Mutuality of contracts
Autonomy of contracts
Relativity of contracts
Consensuality of contracts
Obligatory Force of contracts
Classifications of Contracts
According to their relation to other contracts (3)
preparatory
principal
accessory
those which have for their object the establishment of a condition in law
preparatory
can subsist independently from other contracts
principal
can exist only as a consequence of, or in relation with, another prior contract
accessory
3 examples of preparatory
partnership
agency
insurance
3 examples of principal
sale
lease
insurance
2 examples of accessory
pledge
mortgage
classifications of contracts
according to their perfection (2)
consensual
real
perfected by the mere agreement
consensual
2 examples of consensual
sale
lease
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
1 example of real
deposit
classifications of contracts
according to their form (2)
common or informal
special or formal
require no particular form
common or informal
require some particular form
special or formal
example of common or informal
loan
example of special or formal (2)
donation
chattel mortgage
classifications of contracts
according to their purpose (3)
transfer of ownership
conveyance of use
rendition of services
example of transfer of ownership (1)
sale
example of conveyance of use (1)
commodatum
example of rendition of services (2)
agency
lease of services
classifications of contracts
according to their subject matter (2)
things
services
example of things (3)
sale
deposit
pledge
example of services (3)
agency
lease of services
labor
classifications of contracts
according to the nature of the vinculum which they produce (2)
unilateral
bilateral
give rise to an obligation for only one of the parties
unilateral
give rise to reciprocal obligations for both parties
bilateral
example of unilateral (2)
commodatum
gratuitous deposit
example of bilateral (2)
sale
lease
classifications of contracts
according to their cause (2)
onerous
gratuitous
one of the parties proposes to give to the other a benefit without any equivalent or compensation
gratuitous
each of the parties aspires to procure for himself a benefit through the giving of an equivalent or compensation
onerous
classifications of contracts
according to the risks involved (2)
commutative
aleatory
each of the parties acquires equivalent of his prestation and such equivalent is pecuniarily appreciable of the contract
commutative
each of the parties has to his account the acquisition of an equivalent of his prestation
aleatory
classifications of contracts
according to their names or norms regulating them (2)
nominate
innominate
have their own individuality and are regulated by special provisions of law
nominate
lack individuality and are not regulated by special provisions of law
innominate
For any partnership to work, the element of _ is essential and is more important than the resources or skills that partner actually into the business.
trust
For corporations, _ are essential because of public trust
good governance and transparency
By the contract of partnership two or more persons bind themselves to contribute money, property or industry to a common fund, with the intention of dividing the profits among themselves.
article 1767
two or more persons bind themselves to contribute money, property or industry to a common fund, with the intention of dividing the profits among themselves.
partnership
essential requisites of a partnership (2)
- An agreement to contribute money, property, industry to a common fund
- Intent to divide the profits among themselves
Advantages of Forming a Partnership (3)
- Easy to form
- Improved growth possibilities
- Freedom from bureaucracy
Disadvantages of Forming a Partnership (3)
- Instability
- Difficulty in obtaining large sums of capital
- Firm is tied to the acts and judgement one of partner as agent
classification of partnerships
according to subject matter (2)
universal partnership
particular partnership
all partners contribute all of their properties to the common fund
universal partnership
has for its object determine things, their use of fruits, or a specific undertaking, or the exercise of a profession or vocation
particular partnership
classification of partnerships
according to liability (2)
general partnership
limited partnership
composed of general partners where liabilities extend to their personal properties
general partnership
the liability of the latter to third persons is limited to their capital contribution
limited partnership
classification of partnerships
according to the duration (1)
partnership for a fixed term
the term of its existence has been agreed upon expressly
partnership for a fixed term
obligations of partners (9)
- where contribution is money or property
- where contribution is industry
- obligation of the capitalist partner
- responsibility between partnership and partner
-the partner is liable to the partnership - sharing the profit and loss among partners
- property rights of a partner
- liability of individual partners to third person
- liability of the limited partner
a partner who merely contributed industry or services to the common fund
industrial partner
a partner who contributed money and property to the common fund
capitalist partner
On application by or for a partner, the court shall decree a dissolution whenever (6)
- a partner has been declared insane
- a partner becomes in any other way incapable of performing his part
- a partner has been guilty of such conduct
- a partner willfully or persistently commits breach
- the business of the partnership can be only be carried on at a loss
- other circumstances render dissolution equitable
The liabilities of partnership shall rank in order of payment follows (4)
- those owing to creditors other than the partners
- those owing to partners other than for capital and profit
- those owing to partners in respect of capital
- those owing to partners in respect of profits
an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence
corporation
a corporation has the capacity to exist regardless of the death, withdrawal, insolvency, or incapacity of the individual stockholders and regardless of the transfer or interest or shares of stock
right of succession
kinds of corporation (10)
stock corporation
non-stock corporation
corporation de jure
de facto corporation
public corporation
private corporation
corporation sole
eleemosynary corporation
domestic corporation
foreign corporation
whose laws allow Filipino citizens and corporations to do business in their own country
foreign corporation
corporation formed, organized, and existing under Philippine laws
Domestic Corporation
for a charitable purpose
eleemosynary corporation
organized for the purpose of administering and managing
corporation sole
only one incorporator
corporation sole
formed for some private purpose
private corporation
created by incorporation under the general corporation law
private corporation
formed or organized for the government of a portion of the State
Public Corporation
created by its own charter for the exercise of a public function
Public Corporation
there exists a flaw in its incorporation
De Facto Corporation
organized in accordance with the requirements of law
Corporation De Jure
the governing body is the Board of Trustees
Non-stock Corporation
not organized for profit
Non-stock Corporation
no part of its income is distributable as dividends to its members
Non-stock Corporation
has a capital stock divided into shares and is authorized to distribute to the holders of such shares
Stock Corporation
is organized for profit
Stock Corporation
the governing body is usually the Board of Directors
Stock Corporation
a corporation may be formed by only one person, partnership, corporation, or association but not more than 15 in number
Republic Act 11232
a corporation may be formed by only one person, partnership, corporation, or association but not more than _ in number
15
advantages of corporate (6)
- strong separate juridical personality
- limited liability to investors
- free transferability of units of ownership
- centralized management through the Board of Directors
- professionalism
- easier to sell small amount of stock to raise capital
disadvantages of corporate (3)
- extensive government regulation
- double taxation
- activities are limited by charter and various laws
created by law
corporation
created by the agreement of the parties
partnership
the liability of the partners extends to their personal properties (except limited partners) - partnership or corporation
partnership
the liability of the stockholders is limited only to the extent of the shares subscribed by them - partnership or corporation
corporation
when the management is not agreed upon, every partner is an agent - partnership or corporation
partnership
the power to do business and manage the affairs is vested in the board of directors or trustees - partnership or corporation
corporation
organized by only two persons - partnership or corporation
partnership
may be formed singly or jointly but not more than 15 incorporators - partnership or corporation
corporation
has no right of succession - partnership or corporation
partnership
has right of succession - partnership or corporation
corporation
a partner cannot transfer his interest without the consent of all the partners - partnership or corporation
partnership
a stockholder has the right to transfer his shares without the prior consent of the other stockholders - partnership or corporation
corporation
established for a period of time stipulated by the partners - partnership or corporation
partnership
have perpetual existence - partnership or corporation
corporation
may be dissolved at any time by the will of any or all of the partners - partnership or corporation
partnership
can only be dissolved with the consent of the state - partnership or corporation
corporation
characteristics of contract of sole (7)
consensual
bilateral
principal
onerous
commutative
nominate
transmissive of ownership
a contract of sale is perfected by mere consent. No form is prescribed for the perfection in a contract of sale
consensual
because it gives the rise to reciprocal obligations
bilateral
because it can stand by itself without need of another contract
principal
because the consideration for each party is the delivery of the thing or the payment of the price
oenrous
because what the vendor delivers is considered equivalent of the price paid by the venders
commutative
because it has a designated name under the civil code of the philippines which is “sale”
nominate
because the vendor transfers ownership of the subject matter to the vendee
transmissive of ownership
requisites of a contract of sole (3)
consent
object
cause of consideration
disqualified to enter into a contract (5)
husband and wife
the guardian
agents
executors and administrators
public officers and employees
Effects of Loss of the Object in a Contract of Sale (4)
- if the thing is lost before perfection of the contract
- if the thing is lost at the time of the perfection of the contract
- if the thing is lost after delivery
- if the thing is lost after perfection but before delivery
the ownership shall belong to the person acquiring it who in good faith recorded it in the Registry of Property
immovable property
the ownership shall pertain to the person who in good faith was first in the possession
no inscription
shall take place when the vendor reserves the right to repurchase the thing sold
Pacto de Retro Sale (Conventional Redemption)
The vendor is bound to transfer the ownership of and deliver, as well as warrant the thing which is the object of the sale.
article 1495
the ownership of the thing sold id acquired by the vendee from the moment it is delivered to him
article 1496
the thing sold shall be understood as delivered, when it is placed in the control and possession of the vendee
article 1497
is considered redhibitory if it is hidden, unknown to the buyer, existing prior to the sale at least in origin
defect
one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it
contract of loan
simple loan may be gratuitous or with a stipulation to pay interes
commodatum
no interest shall be due unless it has been expressly stipulated in writing
simple loan
It is clear from _ that fixed savings and current deposits of money in banks and similar institutions shall be governed by the provisions of the Civil Code concerning simple loan (mutuum).
Article 1980 of the Civil Code of the Philippines
