BUSLAW

avatar
Created by
Hapi Sad

Cards (23)

  • What is Law?
    Law in General is a system of rules or uniformity.
    In its broadest sense, law means any rule of action or norm of conduct applicable to all kinds of
    action and to all objects of creation.
    Law is a set of legal rules that governs the way
    members of a society act towards one another.
  • In broadest sense law means?

    Any rule of action
  • Law is required in society to regulate the behavior
    of the individual, to correspond with what is
    acceptable to the majority of the individuals.
    1. By Roman def. Law has 5 elements It is a rule of conduct
    2. Law must be just
    3. It must be obligatory
    4. Laws must be prescribed by
    legitimate authority
    5. Laws must be ordained for the
    common benefit.
  • Without law, life and business would become a matter of survival, not only of the fittest but also of the most ruthless
    That's why we need law
  • 2 General clasifications of law
    -natural law and positive law
  • Natural law derived its authority from God,
    while positive law consists of rules of conduct
    promulgated by legitimate authority.
  • Natural law is mostly aligned with morals and
    values, while positive law is for regulating
    human relations.
  • 5 Main Sources of Philippine Laws
    1. Constitution
    2. Statutes (Legislation)
    3. Treaties & Conventions
    4. Customary Law
    5. Judicial Decisions
  • “An obligation is a juridical relation whereby a
    person (called the creditor) may demand from
    another (called the debtor), the observance of
    a determinate conduct (the giving, doing or not
    doing), and in case of breach, may demand
    satisfaction from the assets of the latter.
    – Arias Ramos
  • Obligation is nothing more than the duty of a
    person (debtor or obligor) to satisfy a specific
    and demandable claim of another person
    (creditor or obligee) which if breached is
    enforced in court.- Arias Ramos
  • NATURE OF OBLIGATION
    Article 1423:
    Obligations are civil or natural.
    Civil Obligations give a right of action to compel
    their performance. Natural obligations, not being
    based on positive law but on equity and natural
    law, do not grant a right of action to enforce their
    performance, but after voluntary fulfillment by
    the obligor, they authorize the retention of what
    has been delivered or rendered by reason
    thereof. Some natural obligations are set forth in
    the following articles
  • NATURE OF OBLIGATIONS
    The definition of obligation in Article 1156 refers
    to civil obligations which are enforceable in
    court
    when breached. It does not cover natural
    obligations.
    Juridical Necessity – means when there is non-
    compliance, it will be sanctioned.
  • NATURE OF OBLIGATIONS
    The definition of obligation in Article 1156 refers
    to civil obligations which are enforceable in
    court
    when breached. It does not cover natural
    obligations.
    Juridical Necessity – means when there is non-
    compliance, it will be sanctioned.
  • An Obligation has Four (4) essential
    requisites or elements:
    1. Active Subject
    2. Passive Subject
    3. Prestation
    4. Juridical or Legal Tie
  • the person who has the right to demand the fulfillment of the obligation?
    Active subject or the creditor
  • the one who has the duty to fulfill the obligation?
    Passive subject or debtor
  • PRESTATION OR SUBJECT
    It may consist in giving, doing, or not doing.
    Obligation to Give – consist in the delivery of a
    movable or immovable thing to the creditor.
    Example: Obligation to deliver the thing in sale,
    deposit, pledge, donation, etc.
  • Obligation To Do – covers all kinds of works or
    services whether physical or mental.
    Example: Contract for professional services like
    painting, modelling, singing.
  • Obligation Not To Do – consist in refraining from
    doing some acts like producing aggravating noise,
    offensive odor, smoke, heat.
  • Without prestation, there is nothing to perform.
    Object refers to the property or the things.
    Prestation is the subject matter of the obligation.
  • A prestation or object must be:
    1. Licit (lawful),
    2. Possible
    3. Determinate or Determinable and;
    4. Within the Commerce of Men.
  • 4. JURIDICAL OR LEGAL TIE (Efficient Cause)
    -binds or connects the parties to the obligation.
    -it is the reason that causes an obligation to arise
    It can easily be determined by knowing the
    source of the obligation. (Art. 1157)