Obligation and Contract
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- issued by administrative official under legislative authority 4. Judicial Decisions or Jurisprudence 5. Custom- habits and practices which through a long and uninterrupted usage have become acknowledged and approved by society as binding rule of conduct 6. Other sources- principle of justice and equity, decisions of foreign tribunals, opinions of textwriters and even religion
C. Classification of Laws 1. Divine Law- promulgated by God, revealed or divulged to mankind by means of direct revelation eg: Ten Commandments 2. Natural Law- promulgated impliedly by conscience and body eg: it is better to do good than to do evil 3. Physical Law- the act of rules governing the action and movement of things eg: law of gravity by Newton
D. Human Law - promulgated by man to regulate human relations - can either be General (Public Law) or Individual (Private Law)
E. General or Public Law- governs the relationship between the State and its inhabitants 1. International Law- governs the relations of nations with each other 2. Constitutional Law- governs the relation between the State and its citizen 3. Administrative Law- fixes the organization and determines the competence of the authorities that execute the law 4. Political Law- organization and operation of the governmental organs of the State 5. Criminal Law- defines crimes and provides for its punishments
F. Individual
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- issued by administrative official under legislative authority 4. Judicial Decisions or Jurisprudence 5. Custom- habits and practices which through a long and uninterrupted usage have become acknowledged and approved by society as binding rule of conduct 6. Other sources- principle of justice and equity, decisions of foreign tribunals, opinions of textwriters and even religion
C. Classification of Laws 1. Divine Law- promulgated by God, revealed or divulged to mankind by means of direct revelation eg: Ten Commandments 2. Natural Law- promulgated impliedly by conscience and body eg: it is better to do good than to do evil 3. Physical Law- the act of rules governing the action and movement of things eg: law of gravity by Newton
D. Human Law - promulgated by man to regulate human relations - can either be General (Public Law) or Individual (Private Law)
E. General or Public Law- governs the relationship between the State and its inhabitants 1. International Law- governs the relations of nations with each other 2. Constitutional Law- governs the relation between the State and its citizen 3. Administrative Law- fixes the organization and determines the competence of the authorities that execute the law 4. Political Law- organization and operation of the governmental organs of the State 5. Criminal Law- defines crimes and provides for its punishments
F. Individual