Questions and Answers
What characterizes positive or state law?
Which of the following best describes civil law?
What is a natural obligation?
Which element is NOT a requisite of an obligation?
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Which branch of law governs the relationship between an individual and the state?
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What is a characteristic of substantive law?
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What does civil code represent in the context of law?
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What is the primary function of procedural or remedial law?
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What is the obligation of the owner when property is saved from destruction during a calamity without their knowledge?
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Under which condition do relatives become liable for funeral expenses incurred by a third party?
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What characterizes a quasi-delict according to the law?
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What must the possessor of an animal do if it causes damage?
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What is one key characteristic of obligations derived from law?
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Which statement about contracts is true?
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What type of liability arises from a crime based on the Revised Penal Code?
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In which scenario does the concept of solutio indebiti apply?
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What must manufacturers be responsible for concerning their products?
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Which of the following is a key element of a crime according to its dual character?
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What is the role of a gestor in a quasi-contract scenario?
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What type of act can result in civil liability even in the absence of a contract?
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Which of the following statements is correct about reimbursement in quasi-contracts?
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What happens when a management action by a gestor is ratified by the owner?
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Which type of obligation is NOT considered a source of obligation according to Article 1157?
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What defines a quasi-contract based on unjust enrichment?
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Study Notes
General Classification of Law
- Natural law is based on morality and equity; it is not enforceable in court.
- Positive or State law is imposed by the State and enforceable in court, classifying further into:
- Private law regulates individual relations within a community (e.g., Civil Code of the Philippines).
- Public law governs relationships between individuals and the State (e.g., Revised Penal Code).
- Substantive law establishes rights and duties (e.g., Civil Code, National Internal Revenue Code).
- Procedural/Adjective law outlines processes for enforcing rights (e.g., Rules of Court).
Definition and Characteristics of Law
- Law serves as a rule of conduct and is obligatory, established by legitimate authority for common benefit.
- Positive law requires express determination by legal provisions and includes a sanction for non-observance.
Civil Law
- Branch focusing on personal, familial, property, and contractual rights and obligations.
- Civil Code is a comprehensive arrangement of civil laws promulgated by legislative authority.
Types of Obligation
- Civil obligation is enforceable under Positive law.
- Natural obligation is based on moral principles and is not enforceable, but voluntary performance cannot be recovered.
Requisites of Obligation
- Juridical tie connects parties.
- Active subject holds the right.
- Passive subject has the duty.
- Prestations refer to the specific duties owed.
Sources of Obligation
- Derived from:
- Law
- Contracts
- Quasi-contracts
- Crimes/delicts
- Quasi-delicts
Contractual Obligations
- All contracts are agreements, but not all agreements qualify as contracts.
- Obligations from contracts possess the force of law between parties and should be performed in good faith.
Quasi-Contract
- Defined as voluntary acts preventing unjust enrichment.
- Common forms include:
- Solutio indebiti (payment made by mistake).
- Negotiorum gestio (management of another’s property without consent).
- The gestor (officious manager) is reimbursed for necessary expenses but does not earn a salary.
Other Examples of Quasi-Contracts
- Compensation is owed when property is saved from destruction without the owner's knowledge.
- Relatives must reimburse a third party for funeral expenses incurred without their consent.
Crimes/Delicts
- Criminal liability leads to civil liability, indicating dual character; offenses disrupt social order and affect individuals.
- Civil liability ensures reparation for damage caused by acts or omissions.
Quasi-Delicts (Culpa Aquiliana)
- Responsibility arises from negligent acts resulting in harm or damage, absent prior contractual relations.
- Examples include:
- Owners of animals are liable for damage, except in cases of force majeure.
- Manufacturers are liable for consumer injuries caused by harmful substances, regardless of contractual ties.
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Description
This quiz explores the general classification of law, including natural law, positive law, and its subdivisions. Understand the differences between private and public law, substantive and procedural law, and the characteristics of civil law. Dive into the essential concepts that underpin legal systems.
