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Roman law
Origin of our civil code?
Ignorantia legis juris non excusat
Ignorance of the law excuses no one
Dura lex sed lex
The law is harsh, but it is law
Cessante ratione cessat ipsa lex
when the reason of the law ceases, the law also ceases to exist
Sic utere tuo ut alienum non laedas
The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person.
Patria potesta
parental authority
Jus possidendi
the right to possess
Jus utendi
the right to use
Jus fruendi
the right to the fruits
Jus disponendi
the right to dispose
Jus vendicandi
the right to recover
Nulla poena sine lege
there is no crime when there is no law punishing i
Salus populi est suprema lex
the welfare of the people is the supreme law
Caveat emptor
buyers beware
Solutio indebiti
unjust enrichment
Aedificum solo credit –
the building follows the land
Accessorium sequitur principale
land is always principal
Nullum tempus occurit regi
time runs out against the sovereign
Civil law
Refers to that body of laws that deal with the status, right and obligations, relationships of natural persons with the State and with each other.
Civil code of the Philippines
governs the relations between private parties from status, rights and duties to property ownership, contractual relations and liability for torts.
Family Code
provisions on marriage, legal separation, property relations, the family home, paternity and filiation, adoption, parental authority, and support among others things.
Persons and Family Relations
Property
Succession
Obligations and Contracts
Special Contracts
Coverage of Civil law (PPSOS)
Natural
Juridical
Two kinds of persons and family relations?
Natural
whose personality is determined by birth and extinguished by death
Juridical
created by fiction of law
Juridicial capacity
fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death.
Capacity to act
The power to do acts with legal effect, is acquired and may be lost
May be restricted or limited
Minority
Insanity
State of being deaf mute
Prodigality
Civil interdiction
What are the restrictions/ limitations to capacity to act?
Note 
Flashcard (78)