161. Requisite of Novation A previous valid obligation Capacity and intention of the parties to modify or extinguish the obligation. The modification or extinguishment of the obligation. The creation of a new valid obligation. 162. Kinds of Novation 1. According to origin A. Legal B. Conventional 2. According to how it is constituted A. Express B. Implied 3. According to extent or effect a. Total or extinctive b. Partial or modificatory 4. According to the subject a. Real or objective
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party becomes the owner of aproperty by prescription while the previous owner loses theproperty. In extinctive prescription‚ if a party is barred to file anaction because of prescription‚ the opposite party‚ on the otherhand‚ is liberated from the obligation or liability. c. Acquisitive prescription applies to civil cases while extinctiveprescription is applicable to all kinds of action whether civil orcriminal. There are‚ however‚ exceptions wherein the action‚ bymandate of the law‚ does not prescribe
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Ethics Awareness Strategic Planning & Implementation/ STR 581 February 13‚ 2012 Ethics is defined as “the moral principles that reflect society’s beliefs about the actions of an individual or a group that are right or wrong.” (Pierce & Robinson‚ 2011 p. 74) Just as in one’s personal life‚ ethics plays a large role in the corporate world as well. Ethical considerations for a company’s stakeholders must be accounted for when creating a strategic plan. The following paragraphs will focus
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THE CONCEPT OF ETHICAL OBLIGATION Name Institution Instructor Course Date The concept of ethical obligation Ethical obligations are rules and laws by which people are expected to live and adhere to in order to undertake a profession. Most professionals as George tenet belonged to professional organisations which‚ among other things‚ are able to discipline people for interfering in the ethical obligations and suspend or expel them from practice if the interference is serious
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|: |LAW 1 | |II. |Course Title |: |OBLIGATION AND CONTRACTS | |III. |Course Credit |: |3 units
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Bush administration‚ but his decisions tremendously affected the way CIA is run today. Review Questions: 1. As suggested by Waldo’s essay‚ the advice about ethical behavior in the public office is a set of “maps” divided into 12 different obligations: to the Constitution‚ to Law‚ to Nation or Country‚ to Democracy‚ to Organizational-Bureaucratic‚ to Profession and Professionalism‚ to Family and Friends‚ to Self‚ to Middle-Range Collectives‚ to the Public Interest or General Welfare‚ to Humanity
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CLASSIFICATION OF OBLIGATIONS 1. PURE OBLIGATION – one without a term or is it a subject to a condition and is immediately demandable. 2. CONDITIONAL OBLIGATION – one which is subject to a condition. (a). SUSPENSIVE CONDITION - one which suspends the effectivity of the obligation until the condition is fulfilled. The fulfillment of the condition produces the efficacy of the obligation. (b). RESOLUTORY – one which extinguishes the obligation upon the happening of the condition. The obligation is immediately
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1. Obligation is a juridical necessity because one of the sources of our obligation is the law. 90% of our obligations comes from law. 2. 4 sources: Law‚ contract‚ quasi-contract‚ delict tas may isa pa e. quasi-delict. 3. Generic thing- object to ng obligation tas kung nawala sya‚ pwede pang palitan kasi nga generic. Tas kapag specific once na nawala yung object‚ hindi na pwedeng palitan. Tas liable yung debtor sa damages sa creditor. 4. Obligations of the debtor: to give‚ to do or not to
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LAW ON OBLIGATIONS AND CONTRACTS* I. Introduction A. Law - from the Latin word “lex” which is derived from the verb “Ligare” meaning “to bind” - a rule of conduct‚ just and obligatory promulgated by legitimate authority for the common observance and benefit (as defined by Sanchez Roman‚ a Spanish Civilist) B. Sources of Law 1. Legislative- Congress 2. Constitution- supreme law of the land 3. Administrative or Executive Orders‚ Regulations and Rulings-
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Chapter 4 EXTINGUISHMENT OF OBLIGATIONS Section 1 – PAYMENT OR PERFORMANCE Payment It is the fulfillment of a promise; the performance of an agreement. This consists of: a. the delivery of money or its equivalent in specific property or services‚ or b. doing a certain act or not doing a certain act. How payment is made a. The thing or service contemplated must be delivered or rendered. 1. The debtor of the thing cannot compel the creditor to accept a different one although the latter
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