[LEGHIS] Importation of Civil Law

Why was it easy for Spanish colonizers to impose the Spanish Civil Code

Christianization daw… girl whatever

What is the Umayyad Conquest

Moors took over the Iberian peninsula

Who ruled the Iberian peninsula before the Umayyad Conquest

Visigoths (Christian Barbaric tribe)

What title did the Visigoth legal system have

“Most competent, but least tolerant of the barbarian codes”

What made the Visigoth legal system the most competent

1. Rules on evidence

2. Equality before the law

What made the Visigoth legal system the least tolerant

1. Rejected freedom of worship

2. Jewish persecution

What Germanic Code introduced tribal customs to Roman Law

Code of Alaric

What is the Reconquista

Moors were driven out of the Iberian peninsula

What were the 2 prominent codes of law during the Reconquista

1. Fuero Juzgo

2. Siete Partidas

Where was the Fuero Juzgo used in?

Cordova

What kind of laws were integrated in the Fuero Juzgo

• Roman Law

• German Customs

• Canon Law

Who began the compilation of the Siete Partidas

Fernando III

Who finished the compilation of the Siete Partidas

Alfonso X

What were the bases of the Siete Partidas

• Visigothic Law, but patterned after the Corpus Juris Civilis

What code of law eventually became the law of Castille and all of Spain

Siete Partidas

What were the seven divisions of the Siete Partidas

1. Natural law (including religious)

2. Administrative law

3. Court organization and procedure

4. PFR

5. ObliCon

6. Succession

7. Penal Code

What were the 3 basic divisions in feudalism

• Religious

• Military

• Workers

Did Christian doctrine have any effect on “softening” the rigid hierarchical order of feudalism

No — equality is in the afterlife na

What kind of law did the Papacy evolve for Western Europe

Ius commune

What was the relationship of the Holy Roman Emperor to the Pope

HRE like a feudal lord under the Pope

What were the general trends of the philosophy of law from the Medieval Period to 800 AD

• Feudalism

• Church was considered greater than the state, but did not change social hierarchies

What were the general trends of the philosophy of law from the 9th century to 15th century

• Papacy as uniting force in Western Europe

• Canon law functioned alongside civil and local laws

• Return to classical philosophy

  • Summa Theologica

Was Spain influenced by scholasticism

Well yes even when the rest of Europe was going all Renaissance

When was the Napoleonic Code published

1805

What were unique features of the Napoleonic Code

• Modern principles

  • Freedom of contract

  • Civil marriage and divorce

  • Equality of man

• 5 Codes

  • Civil

  • Criminal

  • CivPro

  • Commercial

  • CrimPro

When was the Spanish Civil Code published

1889

What were the 4 books in the Spanish Civil Code

• Persons

• Property

• Acquiring Ownership

• ObliCon

How much of the 1950 Philippines Civil Code was lifted from the Spanish Civil Code verbatim

53%

How did the Spanish Civil Code reflect Catholic morals such as in the Corpus Juris Civilis

Art. 19 of the Civil Code on right conductis reminiscent of Justinian

What were the Spanish characteristics of the 1950 Civil Code

• Feudalism and scholasticism

• Reflected Catholic morals, like the Corpus Juris Civilis

• Adopted Aquinas’ idea that positive law must follow the dictates of natural law

• Push for natural and civil obligations

What were the American characteristics of the 1950 Civil Code

• Independent civil actions

• Actions for damages for violations of Bill of Rights

What kind of outlook did the 1950 Philippine Civil Code have on marriage

Medieval

How did the 1950 Philippine Civil Code have a medieval outlook of marriage

• Marriage as a contract between families (i.e. parental consent)

• Individual consent in marriage is subordinate to social values

• Priests as solemnizing officers

• Art. 36 as taken from canon law

• Prohibition of divorce

Why was Spanish law in effect for some time even though Spain left us in 1898

• Legal profession is reluctant to break away from established systems, etc

• Principle of international law that laws continues to be in force unless and until modified in some way or another by the new sovereign power

• Narrow horizon – we just thought the Spanish Civil Code

• Lack of persistence of Code Committees

• Inferiority complex of Filipinos

What were the 8 general features of the 1950 Philippine Civil Code

1. Supremacy of justice over legalism

2. Principles of right conduct

3. Strengthening of democracy; rugged individualism

4. Liberalization of women’s rights

5. Solidarity of family

6. Implementation of social justice

7. Filipino customs in law

8. Exaltation of personality

What is the Regalian Doctrine

State owns all the land

Did the European states assert that the Indians had no claim to all their lands?

No, they just questioned the title and jurisdiction native rulers possessed

What was the notable land law of Spain

Maura Law of 1894

Why did indigenous Filipinos struggle to maintain hold of their land

• Land registration rules are foreign to the indigenous idea of land ownership

• Indigenous Filipinos could not comply with the documentary requirements for land registration

• Colonial officials did not follow Crown’s orders to respect indigenous property rights

What were the general guidelines for indigenous property regimes before the Spanish came to the Philippines

• Land-owning was communal; title vested in the barangay

• Alienation of communal property was illegal

What was the encomienda system

• Feudal system that involves royal grants of land to soldiers, colonial officials, Spanish citizens, and “deserving” native leaders as reward for meritorious service

• They can exact tribute from the indigenous population, purportedly in exchange of military protection

What was the most common kind of royal grant of land given out

Extraordinario

Which official had the power to detemrine whether or not a request for a special or extraordinary grnat had merit

Governor-general

Why was the issuance of royal grants discontinued

• Grantees just abandoned their lands and gave it to the friars

How did lands become part of friar estates? What were the modes

• Purchase

• Donation

How did the friars incentivize Filipinos to work on the firar estates

• Exemption from forced labor

• Cash advances to prospective tenants

• Actual tenants were loaned crops, tools, and work animals