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Questions and Answers
Which statement accurately describes public law?
Which statement accurately describes public law?
- It regulates relationships between private parties.
- It affects only certain individuals.
- It affects everyone and regulates the relationship of the state and people. (correct)
- It is based solely on religious laws.
Which of the following is a feature of private law?
Which of the following is a feature of private law?
- It regulates the relationship between the state and people.
- It affects everyone.
- It deals only with the two parties involved. (correct)
- It must comply with federal laws only.
What does the principle 'Nemo Est Suprema Lex' mean?
What does the principle 'Nemo Est Suprema Lex' mean?
- The law can be dismissed in private matters.
- Ignorance of the law is excused for the needy.
- No one is above the law. (correct)
- The law is flexible for individuals in trouble.
Which of the following principles states that 'Ignorance of the law excuses no one'?
Which of the following principles states that 'Ignorance of the law excuses no one'?
Which title number indicates the Corporation Code of the Philippines in Republic Act?
Which title number indicates the Corporation Code of the Philippines in Republic Act?
What are the essential requisites of an obligation as defined in Art. 1156?
What are the essential requisites of an obligation as defined in Art. 1156?
What does the term 'juridical necessity' imply in the context of obligations?
What does the term 'juridical necessity' imply in the context of obligations?
Which law requires that 'I did not know' is not an excuse for non-compliance?
Which law requires that 'I did not know' is not an excuse for non-compliance?
What type of right does Lance have on the pig before December 1, 2024?
What type of right does Lance have on the pig before December 1, 2024?
Which of the following represents extraordinary diligence?
Which of the following represents extraordinary diligence?
When does Lance become the owner of the pig?
When does Lance become the owner of the pig?
What happens to the piglets if the pig gives birth before December 1, 2024?
What happens to the piglets if the pig gives birth before December 1, 2024?
What does the principle 'Genus Nunquam Peruit' signify?
What does the principle 'Genus Nunquam Peruit' signify?
Which vehicle was promised to B by A?
Which vehicle was promised to B by A?
Which of the following correctly describes money in a legal context?
Which of the following correctly describes money in a legal context?
What characterizes 'Ordinary diligence'?
What characterizes 'Ordinary diligence'?
What best defines 'unjust enrichment' in a contractual relationship?
What best defines 'unjust enrichment' in a contractual relationship?
Which of the following actions would be considered a 'delict'?
Which of the following actions would be considered a 'delict'?
What is the legal obligation of a driver towards their passenger?
What is the legal obligation of a driver towards their passenger?
In which scenario would 'quasi-delict' apply?
In which scenario would 'quasi-delict' apply?
Which of the following is not a type of liability mentioned?
Which of the following is not a type of liability mentioned?
Which action would likely be classified as a crime or felony under the law?
Which action would likely be classified as a crime or felony under the law?
What type of responsibility does a neighbor have when an accident happens?
What type of responsibility does a neighbor have when an accident happens?
What is implied by 'legal obligations derived from law'?
What is implied by 'legal obligations derived from law'?
What happens when a potestative condition depends on the actions of the debtor?
What happens when a potestative condition depends on the actions of the debtor?
Which is true about resolutory conditions?
Which is true about resolutory conditions?
In which scenario is a condition considered potestative and valid?
In which scenario is a condition considered potestative and valid?
What is the difference between a suspensive and resolutory condition?
What is the difference between a suspensive and resolutory condition?
If an impossible condition is imposed, what will be the outcome?
If an impossible condition is imposed, what will be the outcome?
What indicates a casual condition?
What indicates a casual condition?
An express condition in a contract is characterized by what?
An express condition in a contract is characterized by what?
When can rights be acquired under a resolutory condition?
When can rights be acquired under a resolutory condition?
What does the term 'Obligatio' signify in legal contexts?
What does the term 'Obligatio' signify in legal contexts?
Which classification of law specifically pertains to the rights and duties it creates?
Which classification of law specifically pertains to the rights and duties it creates?
In the context of obligations, what is the 'juridical vinculum'?
In the context of obligations, what is the 'juridical vinculum'?
Which of the following is NOT a feature of procedural law?
Which of the following is NOT a feature of procedural law?
Which classification describes obligations that can be fulfilled in parts?
Which classification describes obligations that can be fulfilled in parts?
What is the role of a creditor in an obligation?
What is the role of a creditor in an obligation?
What is the primary date of effectivity of the Civil Code of the Philippines?
What is the primary date of effectivity of the Civil Code of the Philippines?
Which type of obligation involves two parties where each has a duty to the other?
Which type of obligation involves two parties where each has a duty to the other?
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Study Notes
Classifications of Law
- Joint and Solidary: Obligations where multiple parties are responsible.
- Quasi-Judiciary: Entities like NLRC that implement and decide law.
- Divisible and Indivisible: Obligations that can be divided or must be performed as a whole.
- Obligation of a Penal Clause: Additional penalties in contracts for failure to comply.
Major Classifications
-
Purpose of Law:
- Substantive Law: Establishes rights and duties, including obligations and contracts.
- Procedural Law: Outlines how remedies are pursued, e.g., court filings.
-
Subject Matter:
- Public Law: Affects society as a whole; regulates state and individual relationships.
- Private Law: Governs relationships between particular individuals.
Law on Obligations & Contracts
- Civil Code of the Philippines: Effective since August 30, 1950 (RA 386), divided into four books with 19 titles.
- Obligation Defined: Juridical necessity to perform or refrain from an act (Art. 1156).
Essential Requisites of Obligation
- Active Subject: Creditor who has the right to demand performance.
- Passive Subject: Debtor responsible for fulfilling the obligation.
- Juridical Vinculum: The legal bond between creditor and debtor.
- Prestation: The actual performance or fulfillment of the obligation.
Legal Principles
- Ignorantia Legis Neminem Excusat: Ignorance of the law is no excuse.
- Nemo Est Suprema Lex: No one is above the law.
- Dura Lex Sed Lex: The law may be strict but still valid.
Unjust Enrichment
- Occurs when one party benefits at the expense of another without a contract.
- "Bawal malamang": One cannot unduly deprive themselves at the expense of another.
Examples of Quasi-Contracts
- Situations where one party fulfills a need without a prior agreement, like paying for a neighbor's funeral expenses.
Delicts and Crimes
- Defined as acts punishable by law, including murder, theft, and other felonies.
Types of Obligations
- Legal Obligations: Outlined in laws; violations include illegal acts like drunk driving.
- Quasi-Delict: Occurs due to negligence without a prior contractual relationship.
Rights Related to Obligations
- Rights evolve from the binding contract or law; obligations emerge from specific terms outlined in agreements or statutes.
Classification of Conditions
- Potestative: Depends on the will of the debtor or creditor.
- Casual: Depends on chance or an external event.
- Mixed: Incorporates elements of both potestative and casual.
Levels of Diligence
- Extraordinary Diligence: Required in special industries, like common carriers.
- Ordinary Diligence: Average level of care expected by law.
- Resolutory Conditions: Events that can terminate rights based on fulfillment.
Form of Obligations
- Express and Implied: Obligations can be clearly defined or inferred from actions.
Possibility of Obligation
- Must be legally possible; impossible obligations are void.
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