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Questions and Answers
Which of the following best defines substantive law?
Which of the following best defines substantive law?
- A law that focuses on the organization of government.
- A law that creates, defines, and regulates rights. (correct)
- A law addressing criminal offenses and defenses.
- A law governing enforcement procedures for legal rights.
Which type of law primarily deals with the relationship between the state and its citizens?
Which type of law primarily deals with the relationship between the state and its citizens?
- Criminal law
- Public law (correct)
- International law
- Private law
What is the main focus of criminal law?
What is the main focus of criminal law?
- The formation of treaties between nations.
- Defining the obligations of government officials.
- The rights and obligations of individuals within society. (correct)
- The procedures for civil disputes.
Which of the following best describes adjective law?
Which of the following best describes adjective law?
International law primarily governs which of the following?
International law primarily governs which of the following?
What type of law would address a conflict between a corporation in one nation and a citizen of another?
What type of law would address a conflict between a corporation in one nation and a citizen of another?
Which of the following is NOT a focus area of public law?
Which of the following is NOT a focus area of public law?
Which component of the law serves as a form of social control?
Which component of the law serves as a form of social control?
What constitutes a negative personal obligation?
What constitutes a negative personal obligation?
Which of the following is NOT a source of obligations as per Article 1157?
Which of the following is NOT a source of obligations as per Article 1157?
What kind of obligation arises from a lawful, voluntary act to prevent unjust enrichment?
What kind of obligation arises from a lawful, voluntary act to prevent unjust enrichment?
Which obligation is tied to civil liability resulting from a criminal act?
Which obligation is tied to civil liability resulting from a criminal act?
According to Article 1163, what standard of care is generally expected from a person obliged to give something?
According to Article 1163, what standard of care is generally expected from a person obliged to give something?
In which circumstance can an obligation arise from an act or omission that does not involve any contractual relationship?
In which circumstance can an obligation arise from an act or omission that does not involve any contractual relationship?
Which of the following describes the obligation of a family head in the case of damages caused by falling objects?
Which of the following describes the obligation of a family head in the case of damages caused by falling objects?
When does an obligation exist to return something paid by mistake?
When does an obligation exist to return something paid by mistake?
What happens in case of noncompliance with an obligation?
What happens in case of noncompliance with an obligation?
Who is referred to as the passive subject in an obligation?
Who is referred to as the passive subject in an obligation?
What is required for there to be performance in an obligation?
What is required for there to be performance in an obligation?
In a building contract where X agrees to construct a house for Y, who is the active subject after the construction is completed?
In a building contract where X agrees to construct a house for Y, who is the active subject after the construction is completed?
Which type of obligation requires the delivery of a thing?
Which type of obligation requires the delivery of a thing?
What does a positive personal obligation entail?
What does a positive personal obligation entail?
What connects both parties in an obligation?
What connects both parties in an obligation?
Which of the following is an example of a personal obligation?
Which of the following is an example of a personal obligation?
What is required for a contract to be considered perfected?
What is required for a contract to be considered perfected?
Which of the following statements about the binding nature of contracts is correct?
Which of the following statements about the binding nature of contracts is correct?
What constitutes a counter-offer?
What constitutes a counter-offer?
Which of the following is not a vice of consent?
Which of the following is not a vice of consent?
What is necessary for consent to be valid?
What is necessary for consent to be valid?
What is the role of the cause of obligation in a contract?
What is the role of the cause of obligation in a contract?
Under what condition may a mistake invalidate consent?
Under what condition may a mistake invalidate consent?
What type of force is considered violence in terms of contract consent?
What type of force is considered violence in terms of contract consent?
What is a key characteristic of a stock corporation?
What is a key characteristic of a stock corporation?
What distinguishes a corporation from a partnership?
What distinguishes a corporation from a partnership?
Which of the following is a disadvantage of corporate organization?
Which of the following is a disadvantage of corporate organization?
What defines a non-stock corporation?
What defines a non-stock corporation?
What is true about de facto corporations?
What is true about de facto corporations?
How is a domestic corporation defined?
How is a domestic corporation defined?
What is a primary advantage of forming a corporation?
What is a primary advantage of forming a corporation?
What does the term 'right of succession' mean in the context of corporations?
What does the term 'right of succession' mean in the context of corporations?
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Study Notes
Introduction to Hospitality and Tourism Law
- Definition of Law: A system of rules governing conduct, providing social control and guiding legal decisions in disputes.
- State Law: Legislation established and enforced by the government to regulate behavior within society.
- Types of Law:
- Substantive Law: Defines rights and regulates behavior.
- Adjective Law: Outlines procedures for enforcing rights.
- Public Law: Governs relationships between individuals and the government, including constitutional and criminal law.
- Criminal Law: Defines crimes and the legal responsibilities of individuals.
- International Law: Regulates treaties and agreements between nations.
Obligations in Law
- Concept of Obligations: A legally binding requirement that necessitates adherence; noncompliance may result in legal action.
- Essential Elements of an Obligation:
- Passive Subject (Debtor): A person obliged to fulfill the obligation.
- Active Subject (Creditor): A person entitled to demand performance.
- Object (Prestation): The specific act or item that is the subject of the obligation.
- Juridical Tie: The legal connection establishing the obligation.
Kinds of Obligation
- Real Obligation: Involves a duty to deliver a specific item to another party.
- Personal Obligation:
- Positive: Obligation to perform an act (e.g., provide a service).
- Negative: Obligation not to perform an action (e.g., not to interfere with a right of way).
Sources of Obligations
- Law: Obligations mandated by legislation (e.g., tax obligations).
- Contracts: Derived from agreements between parties.
- Quasi-Contracts: Arise from lawful acts that prevent unjust enrichment.
- Acts Punished by Law: Civil liabilities stemming from criminal offenses.
- Quasi-Delicts: Obligations from damages caused by negligence or fault without a contractual relationship.
Nature and Effect of Obligations
- Duty of Care: Obligors must care for their obligations as a prudent person would, unless otherwise specified.
- Relativity of Contracts: Contracts bind only the involved parties and their successors.
- Consensuality of Contracts: Legal agreements are formed by mutual consent; real and formal contracts are exceptions.
- Obligatory Force of Contracts: Contracts function as laws between the parties involved.
Essential Requisites of Contracts
- Consent: Must be manifested clearly between parties through a definitive offer and acceptance.
- Object: Subject matter must be specific and legal.
- Cause: The reason for establishing the obligation must be valid.
Vices of Consent
- Error or Mistake: Invalidates consent when it pertains to essential aspects of the contract.
- Violence or Force: Coercion invalidates consent if it employs physical force against a party.
Corporation Law
- Definition of Corporation: An artificial entity recognized by law with specific rights and responsibilities.
- Types of Corporations:
- Stock Corporation: Issuing stock to shareholders and distributing profits.
- Non-stock Corporation: Established for public benefit without issuing stocks.
- De Jure Corporation: Formed following legal requirements.
- De Facto Corporation: Has flaws in its formation but operates as a corporation.
- Public Corporation: Created for governmental functions (e.g., municipalities).
- Private Corporation: Established for private goals.
Advantages and Disadvantages of Corporations
- Advantages:
- Limited liability for investors.
- Easier transfer of ownership.
- Centralized management structure.
- Disadvantages:
- Subject to extensive regulations.
- Double taxation implications.
- Operational constraints from charters.
Distinction Between Partnership and Corporation
- Formation: Partnerships arise from agreements while corporations are legally constituted.
- Liability: Partners have personal liability for debts; shareholders in corporations have limited liability.
- Succession: Corporations have a right of succession; partnerships do not.
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