Nature and Classification of Law

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Questions and Answers

What is meant by law in its general sense?

A command imposing a duty to obey and involving a sanction. (correct)

An informal agreement between individuals.

A rule established by divine intervention.

A guideline subject to personal interpretation.

Which entity is considered the legitimate authority that promulgates laws in a democratic country like the Philippines?

The judiciary.

The military council.

The legislature. (correct)

The executive branch of government.

What does natural law rely upon for its definition?

Divine revelation through holy books.

Codified statutory guidelines.

Community consensus and tradition.

Internal dictates of reason. (correct)

Which of the following is NOT a principal source of law in the Philippines?

International treaties. Signup and view all the answers

In the context of law, what does 'common observance and benefit' refer to?

Laws that are meant to be observed by all for the common good. Signup and view all the answers

Which of the following best describes divine law?

Laws concerning sin and salvation according to religious faith. Signup and view all the answers

What is the structure of the Civil Code of the Philippines?

Divided into four books with various titles. Signup and view all the answers

What type of law is defined as a 'rule of conduct, just, obligatory, promulgated by legitimate authority'?

Positive law. Signup and view all the answers

What is the distinction between the judicial period and the contractual period?

The judicial period is fixed by the courts, while the contractual period is agreed upon by parties. Signup and view all the answers

Under what condition does a debtor lose the right to make use of the period?

When he becomes insolvent without providing security. Signup and view all the answers

What happens if the period agreed upon by the parties has already lapsed?

The creditor can demand immediate payment. Signup and view all the answers

Which of the following statements about alternative obligations is true?

The creditor can refuse any partial performance. Signup and view all the answers

What defines the compound obligation as conjunctive?

All prestations depend on each other for fulfillment. Signup and view all the answers

In terms of responsibilities after the contract has been formed, what should the debtor provide to avoid losing rights to the period?

Guaranties or securities as promised. Signup and view all the answers

Which condition allows for the interpretation that a period was intended, even if none is explicitly fixed?

The duration is dependent on the will of the debtor. Signup and view all the answers

What type of obligation requires complete performance of one of the prestations?

Alternative obligation Signup and view all the answers

What is classified as 'ordinary delay' under the law?

Failure to perform an obligation on time Signup and view all the answers

What does 'mora solvendi' specifically refer to?

Delay on the part of the debtor to fulfill their obligation Signup and view all the answers

Which of the following is NOT a remedy available for delay?

Impose a penalty Signup and view all the answers

What is 'mora accipiendi'?

Creditor's delay in accepting the performance Signup and view all the answers

In terms of obligations, which scenario can be performed by a third person?

Real obligations involving generic things Signup and view all the answers

What happens in 'compensatio morae'?

Both parties experience a delay that cancels each other out Signup and view all the answers

In which situation is a debtor compelled to perform?

In the case of an obligation to transfer ownership of property Signup and view all the answers

What distinguishes legal delay or default (mora) from ordinary delay?

Legal delay constitutes a breach of obligation Signup and view all the answers

What is an example of a day certain?

The death of a person Signup and view all the answers

What is the presumption regarding the establishment of a period in an obligation?

It is presumed to be for the benefit of both parties Signup and view all the answers

In what scenario is the period established specifically for the benefit of the debtor?

When the terms indicate it clearly, such as 'on or before' Signup and view all the answers

According to Article 1196, what happens if the period is not established for both parties?

The courts can establish a period Signup and view all the answers

What influence does a period have on an obligation according to the content?

It merely fixes the time or effectiveness of the obligation Signup and view all the answers

What is the general rule regarding advance demands and payments in an obligation?

No advance demand, no advance payment unless stated otherwise Signup and view all the answers

Which of the following statements regarding the general rule is NOT true?

Creditors can demand immediate payment in all obligations Signup and view all the answers

Which event is considered uncertain according to the provided content?

The death of a person Signup and view all the answers

What is meant by 'reparation' in the context of civil liability?

Repairing the damages caused Signup and view all the answers

Which of the following describes 'extraordinary diligence'?

The highest form of diligence required Signup and view all the answers

According to the concept of 'diligence of a good father of a family', who is expected to take care of a specific or determinate thing?

Any person obliged to give something Signup and view all the answers

What does 'indemnification for consequential damages' entail?

Paying for damages resulting from a loss Signup and view all the answers

The phrase 'diligence required by law' applies to which of the following situations?

Diligence specified in legal statutes Signup and view all the answers

What is indicated when a thing is described as 'specific' or 'determinate'?

It has distinct individuality among its class Signup and view all the answers

What is the legal implication when the creditor has the right to the fruits of a specific thing upon the obligation arising?

The creditor gains benefits from the specific item Signup and view all the answers

What term is used to describe minimal diligence required in certain situations?

Slight meager diligence Signup and view all the answers

Study Notes

Nature of Law

Law is perceived in two contexts: general (collective laws with enforcement) and specific (defined rules imposed by legitimate authority).
In democratic nations like the Philippines, legitimate authority is vested in the legislature, which enacts "statutes."

Classification of Law

Divine Law: Tied to religion, focusing on sin and salvation.
Natural Law: Rooted in human inspiration of justice and fairness, not solely from divine command.
Law must have common observance and benefit for all individuals.

Main Sources of Law in the Philippines

Constitution
Legislation
Administrative rules and regulations
Judicial decisions
Customs

Civil Liability

Restitution: Returning what was lost.
Reparation: Repairing damages.
Indemnification for Consequential Damages: Compensating for losses resulting from a breach.

Obligations and Diligence

Individuals obliged to give something must also take due care of that item, based on a standard of diligence.
Levels of diligence include:
- Extraordinary Diligence: Highest standard (e.g., common carriage).
- Ordinary Diligence: Average care required by law.
- Slight Negligence: Minimal caution exercised.

Articles on Obligations

Article 1163: Obligation to care for a specific item unless stipulated otherwise.
Article 1164: Creditors entitled to fruits of the item once the obligation arises, with courts able to fix terms when unspecified.

Period and Conditions of Obligations

Article 1196: A defined period implies mutual benefits, but exceptions exist where the term favors one party.
Article 1194: Outlines rights regarding the loss or improvement of the object before a due date.

Types of Obligations

Simple Obligation: One prestation (duty) required.
Compound Obligation: Multiple prestations; can be conjunctive (all must be fulfilled) or distributive (one must be fulfilled).

Delay in Obligations

Ordinary delay: Simple failure to perform on time.
Legal delay (mora): Breach due to failure to perform timely.
Different types of delays include:
- Mora solvendi: Delay on the debtor's part.
- Mora accipiendi: Delay from the creditor accepting performance.
- Compensatio morae: Mutual delays in reciprocal obligations.

Remedies for Delay

Three basic remedies for the creditor: request performance, involve a third party, or seek damages.
Personal obligations can be performed by third parties, but specific performance cannot be compelled in personal obligations.

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Description

This quiz explores the foundational concepts of law, including its nature, classifications, and main sources within the context of the Philippines. Key topics include general and specific law, divine and natural law, as well as civil liability. Test your understanding of these essential legal principles.