Civil law

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?