OBLIGATIONS From latin words‚ obligatio/obligare – “to tie” or “to bind” Juridical necessity – enforceable to courts 1) CIVIL (positive) and Natural 2) REQUISITES OF OBLIGATION a) Active – creditor / obligee – has the right b) Passive – debtor / obligor – has the duty c) Prestation – object / subject matter c.i) Obligation to give (Real Obligation) (c.i.1) Determinate Thing – res perit domino – thing perishes with the owner (c.i.1.a) Standard care – diligence of a good father / if the
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Overworked nurses are seldom capable of spending adequate time with their patients. This is why Cleary-Holdforth and Leufer believe that nurses contribute to medical errors and problems which provide poor patient outcomes. Nevertheless‚ nurses that are not overworked can provide quality patient care and oftentimes can help in the prevention of medical errors. It is for this reason that nurses are the problem and the solution to quality patient care. Healthcare researchers are constantly searching
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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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CASE SUMMARY Lok Kim Sun is an estate manager who tried to single-handedly managing 28‚500 acres of estate with 2500 employees. Even though he work his way up to his position now as an estate manager‚ he is extremely afraid of making mistake. This could be partly because of his immediate superior attitude‚ Henry Davidson who tends to look down to others and tends to adopt a very autocratic military attitude. Lok feels that he must know every details of the estate operation so that he can thoroughly
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Extinctive prescription (or statute of limitation or limitation of actions)—whereby rights and actions are lost by the lapse of time ( Articles 1106‚ par. 2 and 1139 ). This refers to the timeframe within which an action should be filed in court from thetime the cause of action has accrued‚ failing in which‚ theaction is deemed barred by the lapse of the prescribed time. W HAT IS THE DIFFERENCE BETWEEN THE TWO CONCEPTS ? a. Acquisitive prescription is a mode of
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Essay Discuss whether some employees should be permitted to work from home or not. Should employees be permitted to work from home? To find work at home employment isn’t easy. Despite all the advertising you can read in newspapers‚ there aren’t that much legitimate work at home jobs. In fact‚ there are more scams than real work from home employment opportunities. The reason is that many companies think about permitting their employees to work from home. But they do not know whether there are
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What being an American means to me is that I have the rights to do anything. Even though we are able to have all of these rights doesn’t mean we are able to take advantage of them there are still consequences for our actions. All the people in the Navy‚ Army‚ Air-force etc have the job to protect us‚ not everyone who shoots people just because. Being an American to me means being respectful to everyone. Like what Harry S Truman said‚ “you know that being an American is more than a matter
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Evaluate the effectiveness of the law in protecting the community from violence. The term “effective” means to produce the intended or expected result. In other words if a law is effective then it achieves its stated aim and objectives. The main function of law is to enable individuals to live peacefully together. Laws allow individuals to live and work together towards meeting their responsibilities for the benefit of all members of the community. Violence is the behavior involving physical force
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What Does It Mean to be an American? What does it mean to be american? It’s not a question someone could answer so easily you at least take a minute to think about it. Since the founding of the United states of America‚ Americans have struggled to answer the question. There is so much to be said but no right answer everyone has their own opinions. I believe that Rihanna’s song “American Oxygen” really speaks about being american very well. With almost 69 millions views it really sends a strong
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THE OVERWORKED ESTATE MANAGER Lok Kim Sun is the Manager of one of Malestates (Sdn Bhd) large plantations in Malaysia. It is a very large estate of 28‚ 500 acres and employs 2500 estate and factory workers and managers. The crops grown are rubber (6‚ 500 acres)‚ oil palm (20‚ 000 acres) and cocoa (2‚ 000 acres). Mr. Lok is a very domineering individual. However‚ he is extremely afraid of making a mistake. His experiences as a junior planter‚ working up to Senior Assistant‚ and finally Estate
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