Legal Aspect in Tourism & Hospitality

Study Notes

Law embodies justice, morality, reason, and order in society.
Represents a legal order, encompassing all legal principles within a politically organized society.
Functions as a binding framework for the customs, practices, and rules recognized by a community.

Origin traces back to historical legal codes like the Code of Hammurabi.
Establishes rules and regulations to ensure freedom, provide justice, and protect citizens from government actions.
Offers mechanisms for dispute resolution and enforcement of rights through the judicial system.

Defines the type and structure of businesses to protect owners and consumers.
Establishes operational standards to ensure business integrity and stakeholder interests.
Safeguards the rights of employees and facilitates fair treatment in the workplace.

Creates societal norms and establishes legal protections for all citizens, regardless of race, gender, or social status.
Aims to provide equal opportunities and prevent harm among the populace.

Substantive Law: Governs the creation and regulation of rights and duties, establishing behavioral standards.
Adjective/Procedural Law: Outlines legal procedures for enforcing rights and obligations through court systems.

General/Public Law: Applicable to all individuals within a state, including:
- Criminal Law: Addresses crimes and punishments.
- International Law: Governs relations between states.
- Political Law: Regulates citizen relationships with the government.
Special/Private Law: Relates to specific entities, including:
- Civil Law: Governs family and social relationships for private interest protection.
- Maritime Law: Covers sea commerce and navigation regulations.
- Mercantile Law: Focuses on commercial transactions and associated legal frameworks.

Tourism: Defined as travel for pleasure, with implications for economic development and cultural exchange.
Tourism Law: Framework regulating the interactions and operations related to tourism and hospitality sectors.
Aims to establish a legal foundation for sustainable tourism development while preserving cultural and natural resources.

Philippine Constitution: The fundamental legal framework to which all other laws adhere.
Statutes: Enacted by legislative authorities, serving as formal written laws governing civil conduct.
Administrative Regulations: Issued by government officials, providing guidance under legislative power.
Judicial Decisions: Interpretative rulings from the judiciary that shape and enforce legal precedents.