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156 Cards in this Set
- Front
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any rule of action or any system of uniformity: mass obligatory rules established for the purpose of governing the relations of persons in society. |
Law |
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Subjects of law |
Divine moral physical state natural |
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the law that is promulgated and enforced by the state. |
State law |
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-divine inspiration in man in the sense of justice, fairness, and righteousness not by divine revelation or formal promulgation, but by internal dictates alone |
Natural law |
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totality of norms of good and right conduct growing out of the collective sense of right and wrong of every community. |
Moral law |
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operates on all things, including men, without regard to the latter’s use of willpower and intelligence |
Physical law |
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Characteristics of law |
It is a rule of conduct It is obligatory It is promulgated by legitimate authority It is of common observance and benefit |
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Sources of law |
Constitution Legislation Administrative order Jurisprudence Customs Other sources |
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reffered to as the fundamental law or supreme law: ,,,, it is promulgated by the people themselves , binding on all individual citizens and all agencies of the government |
Consititution |
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enacted law or statute law |
Legislation |
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declaration of legal rules by competent authority |
Legislation |
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those issued by government officials under legislative authority |
Administrative ordera |
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intended to clarify or explain the law and carry into effect its general provisions |
Administrative order |
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the decisions of the courts , particularly the supreme courts, applying or interpreting the laws or constitution. |
Jurisprudence |
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consist of those habits and practices which through long and uninterrupted usage have become acknowledge and approved by the society as binding rules of conduct |
Customs |
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only supplementary, resorted to by the courts in the absence of all the other sources. |
Other sources |
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or techniques of control through law are more varied and complex than the techniques available to organizations |
Sanctions |
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the object is the indemnification of the person who has suffered damages or injury from a violation of law |
Remedial |
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if the object is the punishment of the violator |
Penal |
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most powerful technique available to such organizations to secure compliance with their rules |
Expulsion |
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Organization courts |
Regular courts Special courts Quasi-judicial court |
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Regular courts |
Court of appeals Regional trial courts The supreme court |
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body of law creating , defining and regulating rights and duties which may be either public or private in character |
Substantive law |
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body of law describing the manner or procedure by which rights may be enforced or their violations redressed. |
Adjective law |
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regulates rights and duties arising from the relationship of the state to the people: |
Public law |
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Public law consist of |
Criminal law International law Constitutional law Administrative law Criminal procedure |
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law which defines crimes and provides their punishment |
Criminal law |
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law which governs the relations among states or nations. |
International law |
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governs the relations between the state and its citizens |
Constitutional law |
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governs method by which the functions of administrative authorities are to be performed |
Administrative law |
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branch of private law , governs the methods and trial and punishment in criminal cases |
Criminal procedure |
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regulates relations of individuals with one another for purely private ends |
Private law |
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juridical necessity to give, to do or not to do |
Obligation |
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it is a tie or bond recognized by law by virtue which is bound in favour of another to render something |
Obligation |
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he who has duty |
Obligor or debtor |
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right under law to enforce their performance in courts of justice |
Civil obligation |
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not being based on positive law but on equity and natural law. |
Natural obligation |
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called debtor or obligor: the person who is bound to the fulfilment of the obligation: he who has duty |
Passive subject |
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creditor or oblige: person who is entitled to demand the fulfilment of the obligation: he who has right |
Active object |
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the conduct required to be observed by the debtor. May consist of doing, not doing, or giving |
Prestation |
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also called efficient cause: binds or connects the parties to the obligation |
Legal tie |
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manner in which the obligation is manifested or incurred. |
Form of an obligation |
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Kinds of obligation according to subject matter |
Real obligation Personal obligation |
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obligation to give. Subject matter is a thing to be delivered |
Real oblig. |
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obligation to do or not to do. Subject matter is an act to be done or not to be done |
Personal obligation |
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Art 1157 sources of obligation |
Law Contracts Quasi-contract Act or ommission punished by law Quasi-delicts |
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arise from the stipulation of the parties |
Contracts |
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arise from lawful,voluntary and unilateral acts which are enforceable to the end |
Quasi-contract |
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arise from civil liability which is the consequence of a criminal offense |
Acts or ommision punished by law |
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arise from damage caused to another through an act or omission , no contractual relation exist |
Quasi-delicts |
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a meeting of minds between two persons whereby one binds himself , with respect to the other, to give something or to render something |
Contract |
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Contract composed of keme |
binding force requirement of valid contract breach of contract |
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means compliance or performance in accordance with the stipulations or terms of the contract or agreement |
Compliance in good faith |
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not properly a contract at all |
Quasi-contract |
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Kinds of quasi contract |
Negotiorum gestio Solutio indebiti |
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voluntary mgmt. of the property or affairs of another without the knowledge or consent of the latter |
Negotiorum gestio |
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when something is received when there is no right to demand it and it was unduly delivered through mistake |
Solutio indebiti |
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Scope of civil liability |
restitution reparation for the damage caused indemnification for consequencial damages |
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identified by its individuality. Cannot substitute it with another |
Determinate thing |
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duties of the debtor in obligation to give a determinate thing |
preserve the thing deliver the fruits of the thing deliver the accessions and accessories deliver the thing itself answer for damages in case of non-fulfilment |
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Different kinds of fruits |
Natural, industrial and civil fruits |
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spontaneous products of the soil, and the young and other products of animals |
Natural fruits |
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those produced by lands of any kind through cultivation of labor |
Industrial fruits |
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derived by virtue of a juridical relation |
Civl fruits |
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the fruits of a thing or additions to or improvements upon a thing |
Accessions |
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things joined to or included woth the principal thing of the latter’s embellishment, better use, or completion |
Accessories |
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merely the failure to perform an obligation on time |
Ordinary delay |
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default or mora: failure to perform an obligation on time which failure constitutes a breach of obligation |
Legal delay |
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Kinds od default or delay |
Mora solvendi Mora accipiendi Compensation morae |
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delay on the part of the debtor to fulfil his obligation |
Mora solvendi |
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delay on the part of the creditor to accept the performance of the obligation |
Mora accipiendi |
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delay of the obligors in reciprocal obligations. |
Compensation morae |
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Grounds of liability |
Fraud Negligence Delay Contravention of the terms of obligation |
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or dolo deliberate or intentional evasion of the normal fulfillment of an obligation |
Fraud |
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committed in the performance of an obligation already existing because of contract |
Incidental fraud |
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fraud employed in the execution of a contract |
Causal fraud |
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fault or culpa any voluntary act or omission, there being no bad faith or malice:….. failure to observe for the protection of the interests of another person, |
Negligence |
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violation of the terms and conditions stipulated in the obligation
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Contravention of the terms of the obligation |
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signify the money compensation awarded to a party for loss or injury resulting from breach of contract or obligation by the other |
Damages |
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independent of the will of the obligor but not of other human wills. |
Acts of man |
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Reauisites of a fortuitous events |
independent of human will could not be foreseen of if foreseen, is inevitable render it impossible in a normal manner debtor must not have any participation or aggravation in the injury of the creditor. |
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as a general rule, obligation is extinguished when the non0performance is due to a fortuitous event EXCEPT: |
When expressly specified by law When declared by a stipulation When nature of the obligation requires assumption of risk. |
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one of the parties delivers to another, money or other consumable thing upon the condition that the same amount of the same kind and quality shall be paid. |
Mutuum or simple loan |
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Contracting for or receiving interest in excess of amount allowed by law |
Usury |
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Interference of a fact not actually known arising from its usual connection with another which is known or proved. |
Presumption |
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Two kinds of presumption
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Conclusive and disputable presumption |
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One which cannot be contradicted, like the presumption that everyone is conclusively presumed to know the law. |
Conclusive presumption |
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one which can be contradicted or rebutted by presenting proof to the contrary. |
Disputable presumption |
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when presumptions do not apply |
when reservation as the interest receipt without indication of particular installment paid Receipt for a part of the principal Payment of taxes Non-payment proven |
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Article 1178 transferability of rightsAll rights are generally assignable except |
Prohibited by law Prohibited by stipulation of the parties |
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Prohibited by law |
Contract of partnership Contract of agency Contract of commadatum |
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Primary obligation |
pure and conditional obligation with a period alternative and facultative joint solidary |
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Secondary obligation |
Unilateral and bilateral Real and personal Determinate and generic Civil and and natural bolig Legal, conventional and penal obli |
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one which is not subject to any condition and no specific date is mentioned for its fulfilment and is therefore, immediately demandable. |
Pure obligation |
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is one whose consequences are subject in one way or another to the fulfilment of a condition. |
Conditional obligation |
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future and uncertain event, upon the happening, of which, the effectivity or extinguishment of an obligstion subject to it depends. |
Condition |
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Two kinds of condjtion |
Suspensive and resolutory condition |
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condition precedent or condition antecedent |
Suspensive condition |
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The fulfilment of which will extinguish an obligation |
Resolutory |
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When obligation is demandable at once |
When it is pure When it is subject to resolutory condition When it is subject to a resolutory period |
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condition is suspensive in nature and which depends upon the sole will of one of the contradicting parties. |
Potestive condition |
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when the validity and compliance is left to the will of the debtor, and therefor cannot be demanded easily |
conditional obligation void |
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if the obligation is pre-existing and therefore does not depend for its existence upon fulfilment of the condition by the debtor |
only the condition is void |
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either debtor or creditor has control on the obligation. |
Casual obligation |
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contrary to good customs or public policy and those prohibited by law. |
Impossible obligation |
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Two kinds of imposiblle condition |
Physical and legally impossible |
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condition consists in the performance of an act |
Positive condition |
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the condition consists in the omission of an act |
Negative condition |
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REQUISITES FOR APPLICATION OF ARTICLE 1189 |
The obligation is a real obligation The object is determinate or specific things The obligation is subject to suspensive condition The condition is fulfilled There is a loss, deterioration, or improvement of the thing during the pendency of the condition. |
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when a thing perishes as when a house is burned |
Physical loss |
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when a thing goes out of commerce or when a thing heretofore legal becomes illegal |
Legal loss |
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when a thing disspears in such a way that its existence is unknown: or even if known cannot be recovered. |
Civil loss |
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only one party is obliged to comply with a prestation |
Unilateral |
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when bothe parties are mutually bound to each other |
Bilateral |
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are those which arise from the same cause and in which each party is a debtor and creditor of the other, such that the performance of one is designed to be the equivalent and the condition for the performance of the other. |
Reciprocal obligation |
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is one whose effects or consequences are subjected in one way or another to the expiration or arrival of said period or term |
Obligation with a period |
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future and a certain event upon the arrival of which the obligation subject to it either arises or is terminated. |
Period |
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the obligation begins only from a day certain upon the arrival of period. |
Suspensive period |
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the obligation is valid up to a day certain and terminates upon arrival of the period. |
Resolutory period |
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one where there is only one prestation |
Simple obligation |
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one where there are two or more prestations. |
Compound obligation |
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one where there are several prestations and all of them are due. |
Conjunctive obligation |
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one where several or more prestations is due. |
Distributive obligation |
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one where prestations are due but the performance of one is sufficient. |
Alternative obligation |
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one where only one prestation is due but the debtor may substitute another. |
Facultative obligation |
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in general, it belongs to the debtor, except, when it is expressly granted to the creditor. |
Right of choice |
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there is only one obligaor or oblige |
Individual obligation |
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there are two or more debtors or creditors: presumed to be joint |
Collective obligation |
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Joint obligation |
Or one where the whole obligation is to be paid or fulfilled proportionately by the different debtors There are as many debts as there are debtors There are as many credits as there are creditors The debtors and/or creditors are considered distinct and separate from each other Each debtor is liable only for a proportionate part of the debt |
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not presumed: kailangan pinagusapan |
Solidary obligation |
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Solidary |
The obligation expressly states The law requires solidary The nature of the obligation requires solidary |
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Solidarity on the part of the debtors taking the nature of a mutual guaranty |
Passive solidarity |
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Solidarity on part of the creditors. |
Active solidary |
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Solidary on the part of the creditors and debtors |
Mixed solidarity |
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parties bound by the same stipulation |
Uniform |
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parties are not subject to the same stipulation: solidarity |
Varied solidarity |
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one acquires ownership and other rights through the lapse of time in the manner and under the conditions laid down by law. |
Prescription |
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the absolution (forgiveness) of the debt, releasing the debtor from his obligation |
Remission |
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Indivisibility |
refers to prestation only the debtor is guilty of breach of obligation is liable for damages can exist although there is only one debtor and one creditor the others are not liable incase of insolvency of one |
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Solidary |
the juridical or legal tie that binds ties all of the debtors are liable for the breach of the obligation committed by a debtor there must be atleast two debtors or two creditors the other debtors are proportionately liable |
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is one the object of which, in its delivery or performance , is capable of partial fulfilment. |
Divisible obligqtion |
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is one the object of which, in its delivery or performance , is not capable of partial fulfilment. |
Indivisible obligation |
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is an accessory undertaking attached to an obligation to assume greater liability in case of breach, i.e the obligation is not fulfilled, or is partly or irregularly complied with |
Penal clause |
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- is the meeting of one person of the qualities of creditor and debtor with respect to the same obligation |
Merger |
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is the extinguishment to the concurrent amount of debts of two persons who, in their own right , are debtors and creditors of each other. |
Compensation |
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- is the total or partial extinction of an obligation through the creation of a new one which substitute it |
Novation |
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all the parties, the old debtor, the new debtor, and the creditor must agree |
Delgacion |
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that which takes place when a third person of his own initiative and without the knowledge or against the will of the original debtor assumes the latters obligation |
Expromission |
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Extinguishment of obligations |
By payment or performanceBy the loss of the thing due By the condonation or remission of the debt By the confusion or the merger of the rights of creditor or debtor By compensation By novation |
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Other causes of extinguishment of obligations |
Death of a party in case of an obligation requiring personal service Mutual resistance or withdrawal Arrival of resolutory period Compromise Impossibility of fulfilment Happening of a fortuitous event. |
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Special forms of payment |
Dation in payment Application of payments Payment of cession Tender of payment |
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conveyance of ownership of a thing as a n accepted equivalent of performance |
Dation of payment |
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the designation of the debt to which should be applied the payment made by the debtor |
Application of payments |
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assignment of abandonment |
Payment of cession |
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offer to pay is the act on the part of the debtor of offering to the creditor the thing or amount due. |
Tender of payment |
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Art app |
Okay l, good. now you can move on to the second level. |
