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Introduction to Law & Obligations - General Provisions
This is a draft cheat sheet. It is a work in progress and is not finished yet.
Meaning of Law in General
The term law means any rule of action or any system of uniformity. |
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STATE LAW
The state law or the law that is promulgated and and enforced by state. |
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OTHER TERM USED Positive Law Municipal Law Civil Law Imperative Law |
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BINDING FORCE Only state law is enforced by the state. |
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CONCERN OF STATE LAW State law does not concern itself with violations of the latter rules of action unless they also constitute violation of its commands. |
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CONCEPT OF STATE LAW
IN GENERAL/ ABSTRACT SENSE |
All laws taken together. "The mass of obligatory rules established for the purpose of governing the relations of persons in society." |
IN SPECIFIC SENSE |
Rule of conduct, just obligatory promulgated by legitimate authority, and of common observance and benefit. The law of obligations and Contracts. |
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CLASSIFICATION OF LAW
AS TO ITS PURPOSE |
a. SUBSTANTIVE LAW - Portion of the body of law creating, defining, and regulating rights and duties. |
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b. REMEDIAL LAW/ADJECTIVE LAW/PROCEDURAL LAW - Portion of the body of law prescribing the manner of procedure by which rights may be enforced or their violation redressed. |
AS TO ITS SUBJECT MATTER |
a. PUBLIC LAW - Regulates the rights and duties arising from the relationship of the state to the people. |
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b. PRIVATE LAW - Regulates the relation of individuals with one another for purely private ends. |
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CIVIL CODE OF THE PHILIPPINES
The law on obligation and contracts is found in Republic Act. No. 386, otherwise known as the Civil Code of the Philippines. Based mainly on the Civil Code of Spain and took effect in the Philippines on December 7. 1889.
Appeared as Republic Act. No. 386 on June 18, 1949 and took effect on August 30, 1950 |
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