Obligations and Contracts

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Week 1 – Welcome / Introduction to Law I. 1. 2. 3. 4. Introduction to Law Not Not Not Not Divine Law, law of religion and faith Natural Law, justice, fairness and righteousness Moral Law, norms of good and right conduct Physical Law, order or regularity in nature Sources of Law i) i) Constitution – Fundamental Law of the land ii) ii) Legislations – Passed by Senate and House of Representatives iii) iii) Administrative issuances – Quasi Legislative Functions iv) iv) Jurisprudence – Decisions of the Supreme Court (SCRA) Stare decisis v) v) Treaties and Generally accepted principles of International Law - Art II Sec 2, Pacta sund servanda vi) vi) Customs – habits and practices through long and accepted usage have become binding rules of conduct vii)vii) Principles of Justice and Equity – common law jurisdiction a. b. b. c. Characteristics of Law Rule of Conduct Obligatory Promulgated by legitimate authority Of common observance and benefit

a. a.

Organization of courts Supreme Court Court of Appeals, Sandiganbayan, Court of Tax Appeals Regional Trial Court

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Metropolitan Trial Court, Municipal Trial Court Quasi Judicial Bodies 1. 1. Comelec 2. 2. NLRC 3. 3. LTFRC 4. 4. ERB Quantum of Evidence Criminal cases: Proof Beyond Reasonable Doubt Civil cases: Preponderance of Evidencegreater weight of all the evidence which as a whole shows that the act sought to be proved is more probable than not. Administrative cases: Substantial Evidence – Such evidence that a reasonable mind might accept as adequate to support a conclusion Effects and Applications of law

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d. e. -

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Requirement for publication 1. 1. 15 days after publication in OG or newspaper 2. 2. Ignorance of the law excuses no one from compliance 3. 3. Due Process Law is prospective except: 1. 1. If the law provides for retroactivity 2. 2. Penal law insofar as it favors the accused 3. 3. Remedial or curative law 1. 1. 2. 2. to 3. 3. Computing time Year is 12 calendar months Month is 30 days, except when it refers a calendar month First day excluded, last day included

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Conflict of Laws Provisions i. i. Penal laws apply to all who sojourn to Phils

ii. ii. Family Law and inheritance based on national law of the party regardless of where he lives iii. iii. Forms and solemnities of contracts and other instrument based on the place where it is executed e. f. Obligations and Contracts Defined

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. Obligation – A Juridical relation whereby a person may demand from another the observance of a determinative conduct (giving, doing, not doing), and in case of breach, may demand satisfaction from the assets of the latter. Contract – Meeting of the mind between two persons whereby one binds himself, with respect to the other, to give something or to render some service. A contract necessarily gives rise to an obligation but an obligation does not always need to have a contract. f. g. Corporation and Partnership Defined

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. Corporation – Artificial being created by operation of law, having right of succession and the powers, attributes, properties expressly authorized by law or incident to its existence. Weeks 2 to 4 – Obligations I. General Provisions, Nature and Effects of Obligations a. General Provision Juridical Necessity – enforce compliance; seek damages

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(i) (i) do) (ii) (ii) (iii)(iii) (iv)(iv)

To give, to do, and not to do – Examples Four essential requisites of an obligation A passive subject (Debtor – to give; Obligor – to An active subject (Creditor/Obligee) Object (Prestation) – subject matter Juridical tie (Vinculum) – Source of Obligation

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Form as a manifestation of...
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