Sources of Law and Obligation
34 Questions
4 Views

Sources of Law and Obligation

Created by
@SpiritedBildungsroman229

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary purpose of a quasi-contract?

  • To manage a business on behalf of an absent owner.
  • To establish a formal agreement between two parties.
  • To enforce a predatory financial transaction.
  • To provide indemnity and prevent unjust enrichment. (correct)
  • What scenario best illustrates 'solutio indebiti'?

  • A person intentionally pays more than owed and does not seek a refund.
  • A vendor overcharges a customer and the customer pays the inflated price.
  • A debtor mistakenly pays off a loan twice and requests a refund for the excess. (correct)
  • A person receives money through a gift and does not feel obligated to return any amount.
  • What characterizes 'negotioum gestio'?

  • It involves unauthorized management of another's abandoned property. (correct)
  • It is management performed legally with the property owner's consent.
  • It is a form of partnership in managing jointly owned property.
  • It requires a formal contract between the property manager and the owner.
  • Which of the following best defines a 'juridical relation' in the context of quasi-contracts?

    <p>A legal relationship arising from voluntary acts for the purpose of compensation.</p> Signup and view all the answers

    In what legal instance is a quasi-contract necessary?

    <p>When a party benefits from a mistake made by another party.</p> Signup and view all the answers

    What are administrative or executive orders primarily issued by?

    <p>Administrative officials</p> Signup and view all the answers

    Which of the following is a key characteristic of judicial decisions or jurisprudence?

    <p>They bind subordinate courts on points of law.</p> Signup and view all the answers

    What is required for customs to be considered binding rules of conduct?

    <p>They must be proved as fact according to the rule of evidence.</p> Signup and view all the answers

    Which of the following is NOT listed as a source of law in the provided content?

    <p>International treaties</p> Signup and view all the answers

    What principle is established by the doctrine of precedent?

    <p>Decisions of upper courts must be followed by lower courts.</p> Signup and view all the answers

    Which of the following can be considered as 'other sources' of law?

    <p>Opinions of text writers</p> Signup and view all the answers

    Which of the following is true about administrative orders?

    <p>They clarify or explain the law.</p> Signup and view all the answers

    What must administrative orders adhere to in order to be considered valid?

    <p>They must align with the laws and Constitution.</p> Signup and view all the answers

    Which source of obligation is defined as arising from a meeting of minds between two parties?

    <p>Contracts</p> Signup and view all the answers

    Which of the following is NOT a source of obligations as per the Civil Code?

    <p>Criminal offenses</p> Signup and view all the answers

    Which statement correctly describes quasi-contracts?

    <p>They are based on actions that resemble a contract.</p> Signup and view all the answers

    What is an example of an obligation arising directly from law?

    <p>Supporting one's child</p> Signup and view all the answers

    Obligations from quasi-delicts are primarily a result of what?

    <p>Actions or omissions that cause damage</p> Signup and view all the answers

    An obligation to pay taxes originates from which source?

    <p>Law</p> Signup and view all the answers

    Which of the following best summarizes Article 1157 of the Civil Code?

    <p>Obligations can come from various sources including law and contracts.</p> Signup and view all the answers

    Which of the following demonstrates an obligation arising from a contract?

    <p>A tenant's agreement to pay rent</p> Signup and view all the answers

    Which type of fruit is produced without human intervention?

    <p>Natural fruits</p> Signup and view all the answers

    What is an example of industrial fruits?

    <p>Rice</p> Signup and view all the answers

    Which statement best describes natural fruits?

    <p>They grow spontaneously without human intervention.</p> Signup and view all the answers

    Which of the following is NOT a characteristic of industrial fruits?

    <p>They appear spontaneously in nature.</p> Signup and view all the answers

    Which of the following can be categorized as a natural fruit?

    <p>Grass</p> Signup and view all the answers

    What is a key characteristic of quasi-contracts?

    <p>They are based on the principle of unjust enrichment.</p> Signup and view all the answers

    In the example of Victor and Ramon, what is Ramon entitled to do?

    <p>Be paid for managing the farm and reimbursed for expenses incurred.</p> Signup and view all the answers

    What distinguishes quasi-delicts from other forms of obligations?

    <p>Fault or negligence without a contractual relationship.</p> Signup and view all the answers

    What must exist for civil liability to arise from crimes or acts punished by law?

    <p>A criminal offense resulting in civil liability.</p> Signup and view all the answers

    What is the primary element that must be proven for a quasi-delict claim?

    <p>Fault or negligence of the party at fault.</p> Signup and view all the answers

    In the scenario with Pedro and Jose, what type of obligation does Pedro face?

    <p>A quasi-delict obligation.</p> Signup and view all the answers

    Which of the following statements about quasi-contracts is correct?

    <p>They can arise from a party benefiting at another's expense.</p> Signup and view all the answers

    Which statement best describes the relationship between actions punished by law and civil liability?

    <p>Criminal actions lead to civil liabilities when proven.</p> Signup and view all the answers

    Study Notes

    Sources of Law

    • Administrative or Executive Orders: Issued by administrative officials under legislative authority; they clarify laws and ensure proper implementation as long as they do not conflict with existing laws and the Constitution.
    • Judicial Decisions or Jurisprudence: Court decisions, especially by the Supreme Court, interpret and apply laws. These decisions are binding on lower courts due to the doctrine of precedent (stare decisis).
    • Customs: Long-established habits and practices recognized by society as binding rules of conduct, requiring proof as per evidence rules.
    • Other Sources: Includes principles of justice and equity, decisions from foreign courts, texts from legal scholars, and influence from religion.

    Sources of Obligation

    • Article 1157 of Civil Code: Obligation sources include law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.

    Sources of Obligation: Law

    • Obligations may arise directly from law. Example: A father’s duty to support his child under the Family Code, and the obligation for individuals with income to pay taxes under the National Internal Revenue Code.

    Sources of Obligation: Contracts

    • Contracts represent a meeting of minds where one party binds themselves to another. Obligations often stem from mutual agreements, such as repayment agreements for loans.

    Sources of Obligation: Quasi-Contracts

    • Quasi-contracts imply a relationship created by a lawful unilateral act meant to prevent unjust enrichment at another's expense.

    Quasi-Contracts: Types

    • Solutio Indebiti (Payment by Mistake): Obligations arise when something is received by error and must be returned. Example: Returning the excess amount paid mistakenly.
    • Negotiorum Gestio (Management of Another's Property): Unrequested management of another's abandoned property leads to reimbursement for expenses incurred. Example: A neighbor managing livestock for an absentee owner.

    Sources of Obligation: Crimes or Acts Punished by Law

    • Civil liability can result from criminal offenses, creating obligations arising from actions punishable under the law.

    Sources of Obligation: Quasi-Delicts

    • Arise from damage caused through negligence, where no contractual relations exist between the parties. Example: Liability for damages resulting from reckless driving.

    Different Kinds of Fruits

    • Natural Fruits: Spontaneous products from the soil and young animals, produced without human intervention. Example: Grass, trees, and plants.
    • Industrial Fruits: Products resulting from human labor and cultivation. Example: Sugar cane, vegetables, and rice cultivated through agricultural practices.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Explore various sources of law and obligation through this quiz. Understand administrative orders, judicial decisions, customs, and the Civil Code's role in defining obligations. Test your knowledge on the principles that govern legal practices and obligations.

    More Like This

    Use Quizgecko on...
    Browser
    Browser